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Federal judge strikes down Texas' same-sex marriage ban

Started by LearnedHand, February 26, 2014, 07:51:10 PM

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DriftingCrow

http://america.aljazeera.com/articles/2014/2/26/federal-judge-strikesdowntexassamesexmarriageban.html
Al-Jazeera America; no author listed

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.


"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."

"This is a historic day in the heart of the South, and I can't stress enough how important it is to move quickly until loving couples in all 50 states feel the full reach of this victory for equality." [says Human Rights Campaign president].
ਮਨਿ ਜੀਤੈ ਜਗੁ ਜੀਤੁ
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suzifrommd

The Washington Blade article (link below) specifically mentions what this article omits that the decision was based on the equal protection clause of the 14th amendment.

I'm especially pleased by this, because the other grounds under which this has been argued (state doesn't have a compelling interest, for example) are very situational, whereas the 14th amendment applies everywhere all the time.

It appears there is strong precedent developing that the 14th amendment allows same-sex couples the right to wed.

If that's true, it bodes well for a possible Supreme Court blanket strikedown of all same-sex marriage bans.

http://www.washingtonblade.com/2014/02/26/texas-sex-marriage-ban-struck/
Have you read my short story The Eve of Triumph?
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HayHayGirl

As a Texas resident, I am very happy! Another step closer in the right direction!
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