News and Events => Political and Legal News => Topic started by: DriftingCrow on February 26, 2014, 07:51:10 PM Return to Full Version
Title: Federal judge strikes down Texas' same-sex marriage ban
Post by: DriftingCrow on February 26, 2014, 07:51:10 PM
Post by: DriftingCrow on February 26, 2014, 07:51:10 PM
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].
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].
Title: Re: Federal judge strikes down Texas' same-sex marriage ban
Post by: suzifrommd on February 27, 2014, 09:33:31 AM
Post by: suzifrommd on February 27, 2014, 09:33:31 AM
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/ (http://www.washingtonblade.com/2014/02/26/texas-sex-marriage-ban-struck/)
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/ (http://www.washingtonblade.com/2014/02/26/texas-sex-marriage-ban-struck/)
Title: Re: Federal judge strikes down Texas' same-sex marriage ban
Post by: HayHayGirl on April 03, 2014, 09:51:48 PM
Post by: HayHayGirl on April 03, 2014, 09:51:48 PM
As a Texas resident, I am very happy! Another step closer in the right direction!