A U.S. District Judge ordered Texas Attorney General Ken Paxton to amend the death certificate of a man who was legally married in New Mexico but died in Texas before the state was forced to recognize same-sex unions. As a result, his partner has been unable to access death benefits that would accrue as a surviving spouse. The judge in the case also warned the Attorney General, and another state official, that they face contempt charges is they fail to comply with the order in a timely manner. For Paxton, the threat of a contempt charge comes on the heels of an indictment for securities fraud which potentially could put the AG in prison for years.
See Jon Herskovitz, U.S. judge orders Texas to recognize spouse on same-sex death certificate, Reuters, August 5, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
