View Full Version : Judge: Texas Ban On Gay Marriage Unconstitutional
seraosha
10-02-2009, 06:15 PM
A Dallas (http://www.nbcdfw.com/topics?topic=Dallas) judge ruled Thursday that Texas (http://www.nbcdfw.com/topics?topic=Texas)' ban on gay marriage is unconstitutional as she cleared the way for two gay men to divorce, the Dallas Morning News reported (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/100109dnmetgaymarriage.1d5a0d50d.html).
State District Judge Tena Callahan said the state’s bans on same-*** marriage violates the constitutional guarantee to equal protection under the law.
While the Texas attorney general had stepped into the case to say that because a gay marriage isn’t recognized in Texas, a Texas court can’t dissolve one through divorce, Tena denied the intervention.
The two Dallas men in the case married three years ago in Massachusetts, the first state to allow gays to marry.
link (http://www.nbcdfw.com/news/politics/Dallas-Judge-Texas-Ban-On-Gay-Marriage-Unconstitutional--63182762.html)
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Really interesting case, looking forward to hearing more about this one.
Texas doesn't recognize same-*** marriages, but a State District Judge want to grant a divorce to a same-*** couple.
I support gay/lesbian marriage, by the way. Had a change of heart on the topic. With divorce rates being what they are, I can't see how "protecting marriage" has any validity, and I'd like to see it on a ballot here in the Lone Star State. But that's another thread.
Ordie
10-02-2009, 06:31 PM
It makes sense.
If people can get married regardless of jursitictional boundaries, therefore you have the right for a divorce at a local juristiction.
California Joe
10-02-2009, 06:44 PM
I don't have an issue with it simply because it does not effect my life at all. And frankly, us heteros going on and on about the "sanctity" of it while boning our secretaries is disingenuous.
LineDoggie
10-02-2009, 07:31 PM
I don't have an issue with it simply because it does not effect my life at all. And frankly, us heteros going on and on about the "sanctity" of it while boning our secretaries is disingenuous.
You have a Secretary?
Capitalist! Michael Moore is coming fo you......
California Joe
10-02-2009, 08:01 PM
Don't I wish.
LineDoggie
10-02-2009, 08:03 PM
Don't I wish.
The Secretary or a vision of a Sweaty Michael Moore coming for You?
California Joe
10-02-2009, 08:08 PM
The first one please.
Really interesting case, looking forward to hearing more about this one.
Texas doesn't recognize same-*** marriages, but a State District Judge want to grant a divorce to a same-*** couple.
I support gay/lesbian marriage, by the way. Had a change of heart on the topic. With divorce rates being what they are, I can't see how "protecting marriage" has any validity, and I'd like to see it on a ballot here in the Lone Star State. But that's another thread.
No Sh*t? I have to say I'm surprised at that. Bully for you.
hank
commanding
10-03-2009, 08:48 AM
The Secretary or a vision of a Sweaty Michael Moore coming for You?
LOL!! I laughed out loud at this....the very thought of a sweaty M. Moore coming after me, you or anyone is so disgusting, the mental image is enough to make a billy goat puke, or knock a buzzard off a gut wagon.
commanding
10-03-2009, 08:50 AM
Really interesting case, looking forward to hearing more about this one.
Texas doesn't recognize same-*** marriages, but a State District Judge want to grant a divorce to a same-*** couple.
I support gay/lesbian marriage, by the way. Had a change of heart on the topic. With divorce rates being what they are, I can't see how "protecting marriage" has any validity, and I'd like to see it on a ballot here in the Lone Star State. But that's another thread.
Dallas judges are known for their idiotic rulings.
2Sheds_Jackson
10-03-2009, 01:44 PM
It makes sense.
If people can get married regardless of jursitictional boundaries, therefore you have the right for a divorce at a local juristiction.
Wait did I miss something? I thought gay marriage didn't exist in TX, right? And each state still retained the right to accept or reject any marriage performed in another state. The last I remember, there was no federal recognition of gay marriage or civil unions (i.e. DOMA). Therefore by employing your logic (which looks good to me) - the judge should have told them to go play house somewhere else. Where did the legitimacy of this marriage come from in TX? The judge seems to have instead thrown logic to the wind and is pretending gay marriage does exist there. While he's at it, why not go around granting divorces to the many wives of polygamists?
Ordie
10-03-2009, 02:18 PM
Wait did I miss something? I thought gay marriage didn't exist in TX, right? And each state still retained the right to accept or reject any marriage performed in another state.
You are forgetting Article IV of the US Constitution.
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
Dallas judges are known for their idiotic rulings.
You don't say? Expound.
hank
You are forgetting Article IV of the US Constitution.
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."
Right, you can't get a divorce if the state doesn't recognize the marriage. But if FFC says you have to recognize it then the TX law either invalidates the marriage in TX or is unconstitutional. Catch up 2sheds. Or is the legalize above your paygrade?
hank
AgentX
10-04-2009, 06:34 AM
The legality of marriages makes me cringe. While I personally detest those queens in drag, I don't see why any state would have issues with that. Morality cannot and must not be enforced upon free men (and women).
brainplay
10-04-2009, 06:50 PM
This will be very interesting as it moves up the court circuits. Texas has a state constitutional ban on same *** marriages and a definition of marriage (man and woman). Due to the manner of which the Dallas judge made her decision I'm thinking this will eventually get shot down. A+B=D (WTF)? FFC has been struck down before.
For informational purposes I kinda want to know if this is a gay-rights ploy to seeing as the "couple" is not considered legally married, has not held any rights as a married couple before, and is pretty fracking common knowledge that Texas doesn't recognize same-*** marriages.
Ordie
10-04-2009, 10:46 PM
For informational purposes I kinda want to know if this is a gay-rights ploy to seeing as the "couple" is not considered legally married, has not held any rights as a married couple before, and is pretty fracking common knowledge that Texas doesn't recognize same-*** marriages.
Given that Texas has a divorce rate of 4.1 per 1,000 population I doubt its a ploy. It's more of a norm in Texas.
Ironically, the state with the lowest divorce rate in the nation is Massachusetts (A state that recognizes civil unions) with a divorce rate of 2.4 per 1,000 population.
brainplay
10-05-2009, 10:46 AM
Given that Texas has a divorce rate of 4.1 per 1,000 population I doubt its a ploy. It's more of a norm in Texas.
Ironically, the state with the lowest divorce rate in the nation is Massachusetts (A state that recognizes civil unions) with a divorce rate of 2.4 per 1,000 population.
Ouch ouch! Taking pot shots at us again there while strawmaning the real question. Geez, Texas has been on the average or below average divorce rate for a while now. 2007 we were at 3.3 per 1000.
For a gay couple seeking a divorce in a state that is well known for not recognizing gay marriage and only recently having its anti-sodomy laws repealed this reeks of either an activist ploy or some serious lacking of situational awareness.
Maybe they were "snowbirds" or just moved down here? rofl
Ordie
10-05-2009, 10:59 AM
Ouch ouch! Taking pot shots at us again there while strawmaning the real question. Geez, Texas has been on the average or below average divorce rate for a while now. 2007 we were at 3.3 per 1000.
For a gay couple seeking a divorce in a state that is well known for not recognizing gay marriage and only recently having its anti-sodomy laws repealed this reeks of either an activist ploy or some serious lacking of situational awareness.
Maybe they were "snowbirds" or just moved down here? rofl
Perhaps its a question of property rights and or child custody?
seraosha
10-05-2009, 04:15 PM
No Sh*t? I have to say I'm surprised at that. Bully for you.
hank
Why so surprised? I've been a proponent of gays/lesbians serving openly in the military, as well as equal rights for women and minorities...I just had to get my head around the terminology of gay unions/marriage/handfasting/whatever.
If government is going to get involved in social contracts between adults, and take an invested interest in the viability of this foundation of human civilization, it stands to reason that "all men are created equal" should also be represented in this context.
Getting over the "eeww gross!" factor was the greatest challenge.
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