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IN RE STATE

No. 15-0139.

489 S.W.3d 454 (2016)

IN RE STATE of Texas, relator.

Supreme Court of Texas.

Opinion Delivered: April 15, 2016.

Attorney(s) appearing for the Case

Sherine Elizabeth Thomas , Travis County Attorney's Office, Austin, for Amicus Curiae County of Travis.

Brian Thompson , Jeffrey Craig Hopper , Hopper Mikeska, PLLC, Catherine A. Mauzy , Mauzy & Tucker PLLC, Charles Herring Jr. , Herring & Panzer L.L.P., Jess M. Irwin III , Herring & Irwin, L.L.P., Kurt Howard Kuhn , Lisa Bowlin Hobbs , Kuhn Hobbs PLLC, Austin, for Real Parties in Interest Suzanne Bryant and Sarah Goodfriend.

Beth Ellen Klusmann , Assistant Solicitor General, Charles E. Roy , First Assistant Attorney General, Office of the Attorney General, Michael P. Murphy , Asst. Solicitor General, Scott A. Keller , Office of the Attorney General, Solicitor General's Division, Warren Kenneth Paxton , Attorney General of Texas, Office of the Attorney General, Austin, for Relator State of Texas.

Justice Willett, joined by Justice Devine, concurring in the dismissal of the petition for writ of mandamus.

Last summer, the United States Supreme Court in Obergefell v. Hodges constitutionalized a 50-state right to same-sex marriage.1 For all practical purposes, that federal constitutional case disposes of this state procedural case. The core controversy — whether the Fourteenth Amendment forbids States from preferring...

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