Porteé v. Morath (W.D. Tex.)

On November 20, 2023, the court granted the plaintiff’s motion for judgment on the pleadings and entered a final judgment in favor of the plaintiff in Portee v. Morath, et al. (W.D. Tex.).  This was the first case brought nationwide under a new Servicemembers Civil Relief Act’s (SCRA) provision that guarantees the portability of certain professional licenses held by U.S. servicemembers and their spouses when they relocate pursuant to military orders. In its order, the court found that a military spouse met all four prongs of the preliminary injunction standard in her case alleging that Texas state licensing agencies failed to recognize her out-of-state school counselor licenses, as required by the SCRA, because she had not used them continuously for the two years preceding her relocation to Texas. The judgment followed the court’s July 21, 2023, order granting the plaintiff’s motion for a preliminary injunction.  The United States had filed a Statement of Interest on July 13, 2023, arguing that plaintiff was likely to succeed on the merits of her claim that her school counseling licenses are covered under the new provision, vigorous enforcement of the provision serves the public’s exceptionally strong interest in national defense and military readiness, and plaintiff had standing to bring her case.

Press Release - 7/13/23