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Cabal
02-26-2014, 01:55 PM
Federal judge strikes down Texas gay marriage ban (http://www.seattlepi.com/news/texas/article/Federal-judge-strikes-down-Texas-gay-marriage-ban-5270133.php)


AUSTIN, Texas (AP) — A federal judge declared Texas' ban on gay marriage unconstitutional Wednesday, but left it in place until an appeals court can rule on the case.

Judge Orlando Garcia issued the preliminary injunction after two gay couples challenged a state constitutional amendment and a longstanding law. He said the couples are likely to win their case and the ban should be lifted, but said he would give the state time to appeal to the 5th Circuit Court of Appeals before do so.

"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote. "These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."

The ruling is the latest in a series of victories for gay rights activists following similar decisions in Utah, Oklahoma and Virginia.

But this was the first time a court in the conservative 5th Circuit has reached such a decision. Texas Attorney General Greg Abbott was expected to file an expedited appeal.

Mark Phariss and Victor Holmes filed their federal civil rights lawsuit saying Texas' ban unconstitutionally denied them the fundamental right to marry because of their sexual orientation. Cleopatra De Leon and Nicole Dimetman filed a lawsuit saying Texas officials were violating their rights by not recognizing their marriage conducted in a state where gay marriage is legal.

Attorneys for the state argued that Texas voters had imposed the ban through a referendum and that Texas officials were within their rights to defend marriage traditions.

Another gay couple has filed a separate lawsuit in federal court in Austin. In that case, two men argue that the ban discriminates against them based on their gender. That case is scheduled for a hearing later this year.

Keith and stuff
02-26-2014, 02:36 PM
Everyone here saw this coming a mile away. After the 2016 elections, stuff like this won't even be considered news.

I can certainly see how this annoys people. The whole let the people decide thing. It is clearly in the US Constitution. Anything not written in the Constitution is up to the state or the people themselves as individuals. Plus there is the whole this may increase both government spending and taxes for people not in same-sex marriages. That's the new 'Murika for you though.

Cabal
02-26-2014, 02:47 PM
Texas Gay Marriage Ban Latest to Be Struck Down (http://abcnews.go.com/US/wireStory/federal-judge-strikes-texas-gay-marriage-ban-22685164)


A federal judge declared a same-sex marriage ban in deeply conservative Texas unconstitutional on Wednesday, but will allow the nation's second-most populous state to enforce the law pending an appeal that will likely go to the U.S. Supreme Court.

Judge Orlando Garcia issued the preliminary injunction after two gay couples challenged a state constitutional amendment and a longstanding law. His ruling is the latest in a tangled web of lawsuits across the country expected to end up in the Supreme Court next year.

"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote. "These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."

Garcia said the couples are likely to win their case and the ban should be lifted, but said he would not enforce his ruling pending a ruling by the 10th Circuit Court of Appeals, which already is hearing two other states' cases. He also will give Texas time to appeal to the 5th Circuit Court of Appeals in New Orleans.

Garcia, appointed by President Bill Clinton, is the first judge in the conservative 5th Circuit to reach such a decision. Texas Attorney General Greg Abbott was expected to file an expedited appeal.

The ruling is the latest in a series of victories for gay rights activists following similar decisions in Utah, Oklahoma and Virginia. The U.S. Supreme Court put the Utah ruling on hold until the 10th Circuit can consider an appeal, and Garcia said he would respect that order as well.

Mark Phariss and Victor Holmes filed their federal civil rights lawsuit saying Texas' ban unconstitutionally denied them the fundamental right to marry because of their sexual orientation. Cleopatra De Leon and Nicole Dimetman filed a lawsuit saying Texas officials violated their rights by not recognizing their marriage conducted in a state where gay marriage is legal.

Attorneys for the state argued that Texas voters had imposed the ban through a referendum and that Texas officials were within their rights to defend marriage traditions.

Another gay couple has filed a separate lawsuit in federal court in Austin. In that case, two men argue that the ban discriminates against them based on their gender. That case is scheduled for a hearing later this year.

"Today's ruling by Judge Garcia is a huge victory that moves Texas one step closer to the freedom to marry," said Chuck Smith, executive director of the gay rights group Equality Texas.

Todd Staples, a candidate for lieutenant governor who drafted the constitutional amendment banning gay marriage, denounced the court's decision.

"I am disappointed that judicial activism is once again trying to trump the will of the people. This ruling is the poster child of the culture war occurring in America today," he said.

Danke
02-26-2014, 02:51 PM
Why does marriage have anything to do with the Constitution?

aGameOfThrones
02-26-2014, 03:39 PM
I guess warning, this video contains warning deem things...



http://www.youtube.com/watch?v=e3h6es6zh1c

Danke
02-26-2014, 03:51 PM
I guess warning, this video contains warning deem things...



ban aGameOfThrones

Christian Liberty
02-26-2014, 07:25 PM
I was discussing this issue (not with regards to Texas in particular, but just the marriage issue in general) with the people in my Christian fellowship at my college this afternoon, and I pointed out how marriage licensing originally started as a means to prevent interracial marriages. Its a small group, but most of them seemed to be on the same page with me. And these aren't cultural or liberal Christians either, one of them is straight up Reformed and the others at least have some leanings in that direction. I think the control freaks in conservative Christianity are slowly dying out.

eduardo89
02-26-2014, 07:29 PM
I was discussing this issue (not with regards to Texas in particular, but just the marriage issue in general) with the people in my Christian fellowship at my college this afternoon, and I pointed out how marriage licensing originally started as a means to prevent interracial marriages. Its a small group, but most of them seemed to be on the same page with me. And these aren't cultural or liberal Christians either, one of them is straight up Reformed and the others at least have some leanings in that direction. I think the control freaks in conservative Christianity are slowly dying out.

One if a "Reformed Christian" but does that mean the others are Arminians or other non-Calvinistic Christians? And you called them Christian?!?! Wow, that's a huge step.

RJB
02-26-2014, 07:46 PM
One if a "Reformed Christian" but does that mean the others are Arminians or other non-Calvinistic Christians? And you called them Christian?!?! Wow, that's a huge step.

BLASPHEMY!!!

Snew
02-26-2014, 08:52 PM
I think the control freaks in conservative Christianity are slowly dying out.

Literally... the younger generation(s) are much more accepting and Christlike without compromising beliefs (most of the time).

Reason
02-26-2014, 11:11 PM
I guess warning, this video contains warning deem things...



http://www.youtube.com/watch?v=e3h6es6zh1c

lmao