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21

26 Reynolds v. U.S., 98 U.S. 145, 165 (1878).

27 Potter v. Murray City, 585 F. Supp. 1126 (1984), aff’d, 760 F.2d 1-065 (10

th

Cir. 1985).

28 See Angela Campbell, et al., Polygamy in Canada: Legal and Social Implications for Women and Children (A Collection of Policy Research

Reports) (Nov. 2005)

< www.vancouversun.com/pdf/polygamy_021209.pdf >

.

29 “Some Muslims in U.S. Quietly Engage in Polygamy,” National Public Radio (May 27, 2008).

30 Brown v. Buhman, 947 F. Supp.2d 1170 (U.S. Dist. Ct. Utah 2013). The court issued a 91-page opinion that delved deeply into the history

of polygamy and efforts to ban it in the United States, and found no fundamental right to enter into a second legal marital union when already

legally married.

31 Texas Penal Code § 25.01. This part of the Texas statute is much like the Utah law that was invalidated.

32 Tex. Penal Code § 25.01(a)(1)(B).

33 Tex. Penal Code § 25.01(b).

34 Tex. Fam. Code § 2.401.

35 Tex. Fam. Code § 2.004(b)(6).

36 Tex. Fam. Code § 2.004(c).

37 Tex. Fam. Code § 2.301.

38 Tex. Penal Code § 25.02(a)(6) & (c).

39

< http://www.ncsl.org/ research/human-services/state-laws-regarding-marriages-between-first-cousi.aspx

> [1-14-2015].

40 Tex. Fam. Code § 2.101.

41 Tex. Fam. Code § 2.102.

42 Tex. Fam. Code § 2.103.

43 The American Psychiatric Association publishes the leading authority on naming and diagnosing mental disorders in the United States, the

Diagnostic and Statistical Manual of Mental Disorders (DSM). The Manual is updated every few decades. The Fourth Edition, the DSM-4, was

published in 1994. The Fifth Edition, DSM-5, was published in 2013.

44 Diagnostic and Statistical Manual 5, p. 451 (2013).

45 Bedi, Sonu, Sexual Preference vs. Sexual Orientation: Identity and Same Sex Marriage, paper presented at the annual meeting of the

Northeastern Political Science Association, Crowne Plaza, Philadelphia, PA, Nov. 17, 2011

< http://citation.allacademic.com/meta/p_mla_apa_ research_citation/5/2/6/2/0/p526209_index.html >

[1-20-2015].

46 “Sex refers to a person’s biological status and is typically categorized as male, female, or intersex (i.e., atypical combinations of features

that usually distinguish male from female). There are a number of indicators of biological sex, including sex chromosomes, gonads, internal

reproductive organs, and external genitalia.” Practice Guidelines for Lesbian, Gay, and Bisexual Clients (American Psychological Association,

Feb. 18-20, 2011).

47 “Gender refers to the attitudes, feelings, and behaviors that a given culture associates with a person’s biological sex. Behavior that is compatible

with cultural expectations is referred to as gender-normative; behaviors that are viewed as incompatible with these expectations constitute gender

non-conformity.” Practice Guidelines for Lesbian, Gay, and Bisexual Clients (American Psychological Association, Feb. 18-20, 2011).

48 “Gender identity refers to ‘one’s sense of oneself as male, female, or transgender’ (American Psychological Association, 2006). When one’s

gender identity and biological sex are not congruent, the individual may identify as transsexual or as another transgender category (cf. Gainor,

2000).” Practice Guidelines for Lesbian, Gay, and Bisexual Clients (American Psychological Association, Feb. 18-20, 2011).

49 “Gender expression refers to the ‘…way in which a person acts to communicate gender within a given culture; for example, in terms of

clothing, communication patterns and interests. A person’s gender expression may or may not be consistent with socially prescribed gender

roles, and may or may not reflect his or her gender identity’ (American Psychological Association, 2008, p. 28).” Practice Guidelines for Lesbian,

Gay, and Bisexual Clients (American Psychological Association, Feb. 18-20, 2011).

50 “Transgender is an umbrella term for persons whose gender identity, gender expression or behavior does not conform to that typically

associated with the sex to which they were assigned at birth.” Practice Guidelines for Lesbian, Gay, and Bisexual Clients (American Psychological

Association, Feb. 18-20, 2011).

51 “Sexual orientation refers to the sex of those to whom one is sexually and romantically attracted. Categories of sexual orientation typically

have included attraction to members of one’s own sex (gay men or lesbians), attraction to members of the other sex (heterosexuals), and

attraction to members of both sexes (bisexuals). While these categories continue to be widely used, research has suggested that sexual

orientation does not always appear in such definable categories and instead occurs on a continuum (e.g., Kinsey, Pomeroy, Martin, & Gebhard,

1953; Klein, 1993; Klein, Sepekoff, & Wolff, 1985; Shiveley & DeCecco, 1977). In addition, some research indicates that sexual orientation is

fluid for some people; this may be especially true for women (e.g., Diamond, 2007; Golden, 1987; Peplau & Garnets, 2000).” Practice Guidelines

for Lesbian, Gay, and Bisexual Clients (American Psychological Association, Feb. 18-20, 2011).

52 DSM-5, p. 451 (2013).

53 DSM-V p. 453 (2013).

54 DSM-4, pp. 532-33 (1994).

55

< http://www.dsm5.org/documents/gender%20dysphoria%20fact%20sheet.pdf

> [1-18-2015].

56 MarkMoran, NewGenderDysphoriaCriteriaReplaceGID

< http://psychnews.psychiatryonline.org/doi/full/10.1176%2Fappi.pn.2013.4a19 >

[1-18-2015].

57 Littleton v. Prang, 9 S.W.3d 223 (Tex. App.–San Antonio 1999, pet. denied).

58 Mireles v. Mireles, No. 01–08–00499–CV, 2009 WL 884815, at *1 (Tex. App.--Houston [1st Dist.] April 2, 2009, pet. denied) (mem. opinion).

59 In the Estate of Thomas Trevino Araguz III, Deceased, 443 SW3d 233 (Tex. App.–Corpus Christi 2014), pet. Denied.

60 Id. at 248-49.

61 Id. at 246.

62 Ochoa v. State, 355 S.W.3d 48 (Tex. App.--Houston [1st Dist.] 2010, pet. ref’d).

63 Goodson v. Castellanos, 214 S.W.3d 741 (Tex. App.-Austin 2007, pet. denied).

64 Texas Family Code § 101.024. Parent, provides:

(a) “Parent” means the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated

to be the father by a court of competent jurisdiction, a man who has acknowledged his paternity under applicable law, or an adoptive mother

or father. . . .

65 Tex. Fam. Code § 102.003(9).

66 Family Code Section 153.131.

67 Tex. Fam. Code § 160.204.