Dusty Bake Activate
Fukk your corny debates
http://www.usatoday.com/story/news/nation/2014/02/26/texas-gay-marriage-ban/5839579/
A federal judge, saying he was complying with the U.S. Constitution and not trying to defy the people of Texas, struck down Texas' ban on gay marriage, but left it in place Wednesday pending a ruling by an appeals court later this year.
Judge Orlando Garcia issued his ruling in Austin in response to a challenge by two gay couples of the state's 2005 constitutional amendment, which had been approved by 76 percent of voters, and a 2003 law banning gay marriage.
Garcia's decision, however, rejected the argument by the office of Texas Attorney General said each state has the right to define marriage as best fits the traditions of its citizens. Texas also argued that traditional marriage best supports the state's interest in the area of procreation and child rearing.
"After careful consideration, and applying the law as it must, this Court holds that Texas' prohibition on same-sex marriage conflicts with the United States Constitution's guarantees of equal protection and due process," Garcia wrote in a 48-page opinion. "Texas'current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason."
He continued that regulation of marriage "has traditionally been the province of the states and remains so today," but that "any state law involving marriage or any other protected interest must comply with the United States Constitution."
"Today's Court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the United States Constitution and Supreme Court precedent," said Garcia, who was nominated to the federal bench by President Bill Clinton in 1994. "Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution."
Cleopatra De Leon, left, and Nicole Dimetman, outside the federal courthouse in San Antonio on Feb. 12, 2014. They want Texas to recognize their marriage, which took place in Massachusetts.(Photo: Eric Gay, AP)
Under federal court rules, a judge may suspend a law if he or she believes the plaintiffs have a strong case and will suffer if the law is enforced.
Gov. Rick Perry, a Republican, indicated the state would appeal, saying in a statement that Texas would "continue to fight for the rights of Texans to self-determine the laws of our state."
"Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our Constitution, and it is not the role of the federal government to overturn the will of our citizens," he said.
Nicole Dimetman and Cleopatra De Leon, one of the couples who filed suit, were wed in Massachusetts and want Texas to recognize their marriage. The other plaintiffs, Mark Phariss and Vic Holmes, have been together 17 years and want to get married at home in Texas.
"We are extremely happy — happy beyond words — with Judge Garcia's decision," Phariss and Holmes said Wednesday in a joint statement with Dimetman and De Leon, the San Antonio Express-News reported. "Today, Judge Garcia affirmed that the Equal Protection Clause applies to all Texans. We are delighted by that decision, and we expect that, if appealed, it will be upheld."
Dimetman and De Leon called the ruling "a great step towards justice for our family."
"Ultimately, the repeal of Texas' ban will mean that our son will never know how this denial of equal protections demeaned our family and belittled his parents' relationship," they said. "We look forward to the day when, surrounded by friends and family, we can renew our vows in our home state of Texas."
Federal judges have also struck down bans on gay marriage in Utah, Oklahoma and Virginia, but the Texas ruling -- if upheld on appeal -- would have much stronger reverberations coming from the nation's largest, most influential red state.
Lawsuits are pending in some 20 other states that ban gay marriage, including Michigan, where a federal judge is hearing arguments about a constitutional amendment that limits marriage to heterosexuals.
Seventeen states and the District of Columbia allow same-sex marriages.
CLEOPATRA DE LEON, NICOLE § DIMETMAN, VICTOR HOLMES, and MARK
What an embarrassing community. This is a new low.
