Texas' ban on gay marriage ruled unconstitutional

Houston Chronicle ^ | 2-26-2014

[fwdude]

Even so, that would only occur in the few Democratic cities in Texas. Maybe Houston, Dallas, Austin and San Antonio, but that would be about it.

Do you understand that these would supposedly be valid in the ENTIRE STATE?

[The_Republic_Of_Maine]

"Texas needs to secede. This is tyranny, top down. I will gladly come to Texas and join secessionist forces. We do not need to remain beholden to the Barack Stalin thugs." In Texas it takes a vote of the Legislature and approval by the Governor. In Maine a simple vote of the people or an armed revolution can do it, our Constitution makes Maine the most likely state to secede, not Texas, not land locked Utah, not communist Vermont.

CONSTITUTION OF THE STATE OF MAINE

2003 ARRANGEMENT

(Arranged by the Chief Justice of the Maine Supreme Judicial Court and approved by the Maine State Legislature,
Resolve 2003, chapter 98, pursuant to the Constitution of Maine, Article X, Section 6)

PREAMBLE.

Objects of government.  We the people of Maine, in order to establish justice, insure tranquility, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring God's aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine and do ordain and establish the following Constitution for the government of the same.

Article I.

Declaration of Rights.

Section 1.  Natural rights.  All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

Section 2.  Power inherent in people.  All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.

[Amendment10]

To begin with, I don’t know how patriot attorneys argued this case for Texas.

That said, the BIG problem with these unconstitutional decisions by activist judges is that patriot attorneys don’t seem to be getting clued in on 10th Amendment-protected state sovereignty in law school. And if such is the case, then patriot attorneys can’t effectively argue 10A issues. The same thing possibly happened in Roe v. Wade.

Next, one remedy to this situation is that patriots need to start putting pressure on federal lawmakers to require federal judges to reference specific constitutional clauses to substantiate why a given issue is constitutional or not constitutional in their official decisions. No more of this PC “constitutional” or “unconstitutional” garbage from activist judges.

Finally, the activist judge in this case is wrongly ignoring that the states have never amended the Constitution to expressly protect so-called gay rights. So the states are free to make laws which discriminate against gay issues, imo, as long as such laws don’t also unreasonably abridge constitutionally enumerated rights. Such judges are arguably taking advantage of low-information patriot attornies who cannot effectively argue 10A issues.

[pierrem15]

You are forgetting the US Chamber of Criminal Illegal Alien Employers and Sodomy Aficionados

Our corrupt law breaking, political class works in coordination with our corrupt, law breaking business elite.

The whole should be hanged.

[Lurking Libertarian]

Exactly— tell the courts to stuff the feather boa up their arses and if they threaten Texas, arrest them for threatening public officials and abuse of authority.

Gov. Faubus of Arkansas tried that when a federal judge ordered Little Rock Central High School desegregated. President Eisenhower federalized the Arkansas National Guard, and called out the regular U.S. Army just to make sure the Guard obeyed the federal officers. That was the last time any state tried to defy a federal court order.

And no, I am not comparing desegregation to gay marriage. I am pointing out that federal court orders can be enforced by the President with a lot more firepower than the states can call upon.

[Paulie]

“People however, should note that you hear or have heard about NOTHING from the GOP, the so called opposition party, to stand up for the rights of states.”

Absolutely right, Norm. And more and more people ARE noticing. This is why they’re going the way of the Whigs.

I just wish there was a way for the states to throw their weight around. They have the Constitution and truth on their side - enough to win the battle.

[Oliviaforever]

Yes, but the state government and the vast majority of local and county governments will never recognize or permit such marriages. So in the end, only four or five out of 250 Texas counties will have gay marriage and that is the worst case scenario.

From here, it goes to the 5th Circuit which will never side with Gay MArriage.

[C19fan]

I think this verifies what I was feeling when the Windsor and related cases were handed down by the SCOTUS last year. Kennedy did not throw out state bans on gay marriage but his logic and wording, pointed out by Scalia, was an open invitation for Federal Courts to throw out the state laws/amendments. We all know where this is going to end with a 5-4 decision upholding these various Federal Court rulings declaring state bans unconstitutional. Over/under on years to legalization of polygamy?

[Genoa]

I think polygamy is a different scenario, since it doesn’t have a huge fan base on the left like sodomy and lesbianism do. It is a feature of certain patriarchal cultural lifestyles that don’t have nearly the leverage this does. But I look for mandatory same-sex weddings in all 50 states and DC by the end of 2015 or sooner.

[LowTaxesEqualsProsperity]

Imagine that. It was constitutional for the past 200 years and this judge just decided it’s not.

[Vaquero]

Tell the Feds to pound sand, Texas.

[pierrem15]

No one can successfully argue a 10th Amend. case: as far as the SCOTUS is concerned, the Amendment doesn't exist-- it's a "truism."

Only cases where the Feds directly order a state or local gov to do something are considered subject to 10th Amend. rulings, because the monstrous re-interpretation of the Commerce Clause has effectively given Fedzilla power over everything else.

[littleharbour]

You could cobble together a very decent country if you carved off Nevada, California, Oregon, Washington, the Great Lakes states and the northeast. Colorado has turned blue but would have little power within a Red States of America. I’d keep West Virginia and reattach it to most of Virginia, minus the DC suburbs. In terms of military installations, the new country would have a nice mix of Air, Navy, Army and Marines bases. Of course you’d have to build a much longer wall to cover both the southern and western borders.

[Responsibility2nd]

Holy Carp. I didn’t think it was possible to portray little ‘Hoo-lian’ any queerer than he already is.

But you did it. Congrats.

[pierrem15]

Legaliziation of pedophilia, pederasty and incest to follow shortly thereafter.

This country really needs a revolution.

[littleharbour]

The polygamy wall will be breached as a result of legal action by muslims, not from Mormon sects. The dhimmi hordes will use the same arguments, “consenting adults”, “loving relationships”, “akin to slavery”, etc., etc.

[JSDude1]

Let’s see if Governor Perry has the guts to tell the FEDs to Go to Hell, he won’t enforce their ban?!

[JSDude1]

They should fight this on 10th Amendment grounds as well, such that Federal Courts CANNOT throw out whole Constitutional Amendments to the various State Constitutions.

[Norm Lenhart]

Fortunately they are. There is a definite movement toward the right-wide realization that the GOP is the problem here.

Because when you reduce it to the core, Dems and libs are what they are. Everyone knows they are communists/totalitarians. It doesn’t shock anyone in the middle or right. We have watched them for decades get closer and closer to the Marxist/Soviet ideal.

But in doing so, we became complacent. Because we believed the Repubs would always be there for us as the wall. But instead they became the left.

And rather than face the reality, we still have people assisting them in helping the democrats. Yes, that means we have supposed right wingers willfully assisting the left.

Bhoner and the rest have not produced any meaningful opposition to leftists in how long now? They make noise since an election is coming but look at their votes. Look at what they REFUSE to vote on or ALLOW to come up to a vote. Look at the reach-arounds to Reid and Obama.

And yet FR and other right wing sites are filled with people still spouting the “Lesser Evil” and “No matter what” stupidity.

Well, it is what it is. Those people are active participants in empowering the GOP to more of it. And until we rid ourselves of them and their sabotage, we will ALL get exactly the things we do not want.

Any successful battle strategy will show you that you need to disable an opponent’s support system if you expect to win. You cut their legs out from under them.

The reality is that is exactly what the GOP lap dogs are doing...to us. And until we stop them and stop giving them an unopposed floor to work that sabotage, we lose.

[pierrem15]

Then the governor needs to call up the guard first and/or convert some of them to state militia (put them on the state payroll).

Make it clear that an attempt to enforce the order means civil war.