AUSTIN (KXAN) — While awaiting a ruling from the Fifth Circuit Court of Appeals to recognize their marriage, a lesbian couple in Austin gave birth to their second child this weekend.
Nicole Dimetman DeLeon and Cleo DeLeon say while the birth of their baby girl is a joyous occasion, their entire situation is difficult because their 2009 wedding in Massachusetts isn’t recognized in Texas.
“I had an infection as a complication of labor that led to an emergency C-section,” explains Nicole. “A day that should have been one of the happiest of our life was terrifying for Cleo. If I had not made it through the childbirth, Cleo would not have been our daughter’s legal mother because her name is not allowed on the birth certificate in Texas.”
Cleo carried the couple’s first child but to be a legal guardian, Nicole had to adopt him. They were hoping by the time they had their second child, the laws would have been different.
“We are overjoyed with the birth of our new baby girl, but disappointed bans on same-sex marriage harm children, like our daughter and our son,” says Cleo. “It is unfair to deny loving parents like us the basic legal protections that provide stability and security so critical to child rearing.”
A federal judge ruled last year that the state’s ban on same-sex marriage was unconstitutional, but same-sex couples still cannot marry in Texas. The state is now appealing that decision.