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Shawn Hall Lecuona v. Mark R. Lecuona

Paid petition · Court of Appeals of Texas, Third District, No. 03-17-00138-CV · judgment June 15, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does section 6.001 of the Texas Family Code, commonly known as “no-fault divorce”, when applied to Petitioner, violate her fundamental liberty interests protected by the Fourteenth Amendment’s Due Process clause, which include “intimate choices defining” her “personal identity and beliefs” concerning matters of religion and conscience as expressed in her marriage? U.S. Const. amend 1, 14; Obergefell v. Hodges, 135 S. Ct. 2584, 2589 (2015); Tex. Const. art. I, § 6; Tex. Fam. Code §6.001.

  2. Does the right to marry encompass the right to be married and maintain the marital relationship in conformity with the personal and intimate beliefs of the participants requiring states to afford protections to those choices? U.S. Const. amend 14; Obergefell v. Hodges, 135 S. Ct. 2584, 2589 (2015).

Counsel of record

For petitioner
Shawn Adair Hall Lecuona
Lecuona Law, PLLC

For respondent
—

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 13 2019
    Rehearing DENIED.
  2. Apr 17 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 12 2019
    Petition for Rehearing filed.
  4. Mar 18 2019
    Petition DENIED.
  5. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  6. Jan 03 2019
    Petition for a writ of certiorari filed. (Response due February 7, 2019)