Judge rules Texas same-sex marriage ban unconstitutional

Comments (12)
Raelyn wrote:

Things are changing in Texas. We’ve had an earful..

Feb 26, 2014 3:45pm EST  --  Report as abuse

I think the courts have been just about as clear as they can on this issue, not allowing a gay person to marry is a blatant violation of the equal-protection clause of the 14th amendment.

Feb 26, 2014 4:25pm EST  --  Report as abuse
AlkalineState wrote:

“Rick Perry says repeal of the ban would have little effect since there are no gay people in Texas.”

Feb 26, 2014 4:25pm EST  --  Report as abuse
RichardJR wrote:

Sounds like exactly the same arguments used to try to defend anti miscegenation laws.

Feb 26, 2014 4:56pm EST  --  Report as abuse

Here’s one area where my understanding of law falls short: If gay marriage bans are unconstitutional, as courts all over the country are now deciding, isn’t that like a de facto legalization of gay marriage? If banning a particular act is illegal, then doesn’t that inherently mean that the act IS legal? Does gay marriage now just fall into a legal purgatory in these states where the bans are declared unconstitutional but haven’t voted to “legalize it”?

I guess it doesn’t matter all that much, since equality will have spread to all 50 states in a few years anyway… but I’m very curious about this.

Feb 26, 2014 5:25pm EST  --  Report as abuse

Time for all of the states to tell the federal government to f**k off. The Tenth Amendment grants to the states all of the powers not delegated to the United States (i.e., the federal government). Nowhere in the Constitution does it give the federal government any authority to meddle in marriage, or for that matter, just about everything else it meddles in.

Feb 26, 2014 5:38pm EST  --  Report as abuse
AlkalineState wrote:

@USAofRationality, to the extent that the ban was deemed necessary by the voters there, in order to exclude gay people from getting married, one can safely conclude that their existing marriage law was ‘vulnerable’ to gay infestation. Much like it was inter-racial infestation. So….. with the ban dismissed by the court, I think some infestation is due. Soon I hope.

Feb 26, 2014 6:03pm EST  --  Report as abuse

@harelymunchkin, You need a lesson in Constitutinoal law, and this one is REAL simple. Amendment 14 Section 1:

‘Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’

Right there in the text of the 14th amendment, more popularly known as the ‘equal protection clause’

Feb 26, 2014 6:26pm EST  --  Report as abuse
susette wrote:

While states can regulate and define marriage, I dont believe states have the right to deny federally guaranteed rights under any circumstances. This means equal protection and due process, which are guaranteed to all citizens of this country, cannot be denied under states law in order to find loopholes to right wing religious legalism.

Feb 26, 2014 6:38pm EST  --  Report as abuse
xyz2055 wrote:

Rick Perry embarrasses himself yet again. He cites the 10th Amendment in his defense of the Texas Law. The 10th Amendment defines the rights of both the Federal Government and the States. It most notably gives the Federal Government the powers to regulate commerce, to enforce the Fourteenth Amendment, and to lay and collect taxes. See USAPragmatist2′s post above (14th Amendment) to understand why Perry is wrong in citing the 10th Amendment to defend Texas’s law banning same sex marriage.

Feb 26, 2014 7:31pm EST  --  Report as abuse
Bakhtin wrote:

So Republicans, who howl that Obama violates the constitution, are now violating the constitution?

Yet again we see Republican rhetoric and Republican actions contradicting each other.

Feb 27, 2014 12:22am EST  --  Report as abuse
alwaysskeptic wrote:

No state has the right to violate the US Constitution.

Feb 27, 2014 5:44am EST  --  Report as abuse
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