Cleopatra DeLeon and Nicole Dimetman were inspired to become plaintiffs in a marriage equality lawsuit during the birth of their first child. 

DeLeon experienced delivery complications, and if something had happened to her, Dimetman wouldn’t have had any parental rights — even though they were legally married in Massachusetts.  

After Dimetman became pregnant with the couple’s second child, it was an argument the couple’s attorneys repeatedly raised as they urged federal courts to lift a stay of a February 2014 decision striking down Texas’ marriage ban. 

Over the weekend, Dimetman gave birth to a baby girl, Eliana Naomi (above and below), and again there were complications. 

DeLeon said the couple was overjoyed about the birth of but disappointed that Texas’ marriage ban remains in place. 

“It is unfair to deny loving parents like us the basic legal protections that provide stability and security so critical to child rearing,” DeLeon said. “We pray for the day when all Texans are treated equally under the law and we do not have to live in fear that something bad could happen in childbirth and I would not be considered the child’s parent by law. We hope the Fifth Circuit Court of Appeals and the United States Supreme Court make all marriages legal in Texas and across the nation.”

Neel Lane, one of the couple’s attorneys, noted it’s been more than two months since the 5th U.S. Circuit Court of Appeals heard oral arguments in the Texas marriage case, but the three-judge panel still hasn’t ruled. 

“This otherwise joyous day for Nicole and Cleo is a sad one because, in the eyes of Texas, Nicole is an unwed mother,” Lane said. “Her valid marriage to Cleo is declared void by a Texas law that U.S. District Judge Orlando Garcia declared unconstitutional more than a year ago. Court after court have agreed with him, and no one doubts the U.S. Supreme Court will do the same.”

The other plaintiffs in the Texas marriage lawsuit, Mark Phariss and Vic Holmes, issued a statement congratulating DeLeon and Dimetman. 

“We are so thrilled for them!” Phariss and Holmes said. “Unfortunately, Texas law does not recognize Cleo as a parent, even though Cleo and Nicole have been married for more than 5 ½ years. As a result, they must spend money to go to court to fix that, money that could be saved instead for their daughter’s future education, health care, and welfare. The time has now come for marriage equality to be recognized in Texas for the sake Nicole and Cleo and their daughter and for the sake of all gays and lesbians in Texas, including Vic and me who, after 18 years together, desperately want to marry the person we love in the state we love.”