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U.S. Judge Strikes Down Texas Ban on Same-Sex Marriage
The New York Times ^ | February 26, 2014 | Manny Fernandez

Posted on 02/26/2014 2:54:03 PM PST by 2ndDivisionVet

HOUSTON — A federal judge in Texas struck down the state’s ban on same-sex marriage on Wednesday, ruling that the laws restricting marriage to a man and a woman violated the United States Constitution, handing gay-rights advocates a major legal victory in one of the nation’s biggest and most conservative states.

The judge wrote that the amendment to the state Constitution that Texas voters approved in 2005 defining marriage as between a man and a woman — and two similar laws passed in 1997 and 2003 — denied gay couples the right to marry and demeaned their dignity “for no legitimate reason.”

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,” wrote Judge Orlando L. Garcia of United States District Court for the Western District of Texas, in San Antonio....

(Excerpt) Read more at nytimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Front Page News; Government; US: Texas
KEYWORDS: gaymarriage; homosexuaklagenda; homosexualagenda; homosexualmarriage; lavendermafia; samesexmarriage; texas
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So it begins.
1 posted on 02/26/2014 2:54:03 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

When liberals discriminate, it’s called “freedom of choice”. When conservatives do it, it’s “discrimination”.


2 posted on 02/26/2014 2:55:57 PM PST by SkyDancer (I Believe In The Law Until It Intereferes With Justice.)
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To: 2ndDivisionVet

Is Texas ready to tell the USSC to bug off yet? Until the corrupt courts no longer have a say then America is going to continue its downward spiral.


3 posted on 02/26/2014 2:56:51 PM PST by Revel
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To: Revel

I am not aware that Texas ever passed a “ban”. Just because the marriage law says one man-one female and always has, doesn’t mean there is a “ban”


4 posted on 02/26/2014 2:58:33 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: 2ndDivisionVet
Let him come and enforce it

I don't read anywhere that the ENUMERATED POWERS of the Constitution reserve that power to the feds

5 posted on 02/26/2014 3:00:11 PM PST by Mr. K (If you like your constitution, you can keep it...Period.)
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To: 2ndDivisionVet

And so...

The Texas voters will provide a resolution for the next cycle that says

the Federal Court decision is OF NO EFFECT in the State of Texas according to the voice of the people.

Damn. Who do we have to draft this resolution?.


6 posted on 02/26/2014 3:00:35 PM PST by Cletus.D.Yokel (Vox populi is the rule of Law!)
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To: FReepers

Click The Pic To Donate

Support FR, Donate Monthly If You Can

7 posted on 02/26/2014 3:02:50 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: 2ndDivisionVet

Yep. There is no more “united states”. There is now one state with one set of laws. I still contend the only solution is to go our own way.


8 posted on 02/26/2014 3:03:56 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: 2ndDivisionVet
What?

You didn't see that obvious clause ... immediately following the guaranteed right to kill in vitro babies ?

It's right there before your lieing eyes.

9 posted on 02/26/2014 3:06:00 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: Cletus.D.Yokel

Well, Ted Cruz is one of the leading constitutional lawyers of his generation.


10 posted on 02/26/2014 3:07:18 PM PST by 2ndDivisionVet (I will raise $2M for Sarah Palin's next run, what will you do?)
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To: VerySadAmerican

I recently learned (I know, I know ... I should’a known ... ) that Texas, following the siege at the Alamo, and a couple of more conflicts, became an independent Republic .. nation.


11 posted on 02/26/2014 3:08:11 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: 2ndDivisionVet

They will not rest until every Christian in America has baked a cake for the special occasion.


12 posted on 02/26/2014 3:08:29 PM PST by madprof98
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To: GeronL

Homosexuals have the same right to marry as you and I do. How can that possibly be a constitutional violation if our rights are the same?


13 posted on 02/26/2014 3:08:42 PM PST by Captain Jack Aubrey (There's not a moment to lose.)
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To: VerySadAmerican

We have not been a republic for some time.


14 posted on 02/26/2014 3:09:59 PM PST by Captain Jack Aubrey (There's not a moment to lose.)
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To: knarf

Just FYI, I think you mean “in utero” and not “in vitro”.

“in vitro” means (literally: in glass) being grown in a laboratory cuture dish.


15 posted on 02/26/2014 3:11:23 PM PST by Cletus.D.Yokel
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To: 2ndDivisionVet

This will be a boon to divorce lawyers.


16 posted on 02/26/2014 3:12:52 PM PST by Dalberg-Acton
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To: Cletus.D.Yokel
oops ... who's the cletus yokel HERE.

Thanx

17 posted on 02/26/2014 3:13:17 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: Captain Jack Aubrey
Marriage is not a right, it is a spiritual act (the two become one) manifested by a ceremony ... whether in a church and all elaborate and such, or a couple of kids before a JP ...

The sexual desire preceding marriage is God's way of multiplying

How do/can queers multiply ?

18 posted on 02/26/2014 3:16:44 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: 2ndDivisionVet

This is going get good LOL!


19 posted on 02/26/2014 3:19:03 PM PST by SevenofNine (We are Freepers, all your media bases belong to us ,resistance is futile)
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To: 2ndDivisionVet
So it begins.

Begins?

(from 1986)

But the proper reaction to crimes committed against homosexual persons should not be to claim that the homosexual condition is not disordered. When such a claim is made and when homosexual activity is consequently condoned, or when civil legislation is introduced to protect behavior to which no one has any conceivable right, neither the Church nor society at large should be surprised when other distorted notions and practices gain ground, and irrational and violent reactions increase.

Texas may prove the Vatican correct on this matter.

20 posted on 02/26/2014 3:19:26 PM PST by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: VerySadAmerican

I contend that if we go our own way, that they will come and take it back by any means necessary.

The only solution is a complete cleansing of all government and a reset.


21 posted on 02/26/2014 3:21:12 PM PST by FreedomStar3028 (Evil must be punished.)
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To: 2ndDivisionVet
Discrimination (freedom to choose) is our God-given right and duty. Individuals and businesses have every right to discriminate however they want. There's nothing wrong with personal discrimination.

State laws requiring segregation of blacks from whites are another matter and are unconstitutional (14th Amendment). The feds have a Constitutional right to interfere with state laws that require segregation of blacks from whites.

However, the feds have no other Constitutional authority to interfere with any other form of discrimination on the state level and the feds have no Constitutional authority whatsoever to interfere with the God given right of individuals and businesses to exercise their freedom of discrimination (freedom to choose) as they see fit.

22 posted on 02/26/2014 3:21:40 PM PST by PapaNew
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To: 2ndDivisionVet

Why do we even bother to pass laws anymore?


23 posted on 02/26/2014 3:28:47 PM PST by animal172 (Calling Thomas Jefferson)
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To: 2ndDivisionVet

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,”

What does that language have to do with what the Constitution says?

Nothing.

It comes straight out of the lawyerly language formulas taught in law schools for promoting what is “Constitutional” not by what the Constitution says but by what the judges “living Constitution” says in accordance with those legal argument formulas.


24 posted on 02/26/2014 3:31:23 PM PST by Wuli
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To: knarf

Texas has all the natural resources it needs to be an independent today. We just need some state level politicians to do it.


25 posted on 02/26/2014 3:34:27 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: FreedomStar3028

A government “cleansing” and “reset” would be just as difficult as a state leaving the union and fighting to stay gone.


26 posted on 02/26/2014 3:35:15 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: 2ndDivisionVet

Someone(God) should strike down the a-hole judge!


27 posted on 02/26/2014 3:36:32 PM PST by Renegade
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To: knarf
How do/can queers multiply ?

They become Boy Scout leaders.

28 posted on 02/26/2014 3:42:34 PM PST by grobdriver (Where is Wilson Blair when you need him?)
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To: 2ndDivisionVet

What is the rational basis then, to prohibit polygamy, bestiality?

Do you know the beastiality laws now are not based on morality? Only animal cruelty. If you are kind to your dog why can’t you marry it?


29 posted on 02/26/2014 3:45:27 PM PST by Williams (No Obama)
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To: 2ndDivisionVet

Tell the judge to go F himself.These bastards have no fear.


30 posted on 02/26/2014 3:46:49 PM PST by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: 2ndDivisionVet
“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,” wrote Judge Orlando L. Garcia of United States District Court

It is not "inequality" nor is it "state imposed" or "imposed" at all - it's called language, judge. It simply is what it is. Two men cannot be husband and wife, nor can two women. By definition. Language, judge. Reality, judge.

31 posted on 02/26/2014 4:03:12 PM PST by Republican Wildcat
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To: knarf
I recently learned (I know, I know ... I should’a known ... ) that Texas, following the siege at the Alamo, and a couple of more conflicts, became an independent Republic .. nation.

There are a lot of Texans in my circle of friends and relatives that would like to see that repeated. Just boot the libs and illegal invaders out of the state and secure all borders. Then, turn off the gas and oil pipelines to the other states.

32 posted on 02/26/2014 4:08:15 PM PST by Arrowhead1952 (The Second Amendment is NOT about the right to hunt. It IS a right to shoot tyrants.)
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To: Arrowhead1952
I've not done the research, but I wonder what could induce a people to unite with a nation as a lesser entity ?

It's hard for modern us because we are so far removed from the original intent of the united States of America.

(note The capitalization .... and lack of it)

33 posted on 02/26/2014 4:14:27 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: Captain Jack Aubrey

Liberals complain that they want government out of the bedroom all the while they keep dragging us into theirs.


34 posted on 02/26/2014 4:20:16 PM PST by The Iceman Cometh (Proud Teabagging Barbarian Terrorist Hobbit Crazy Cracker Son-of-a-Bitch!)
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To: SkyDancer

Another left-wing democrat POS telling the peoople to stick where the sun don’t shine.

He was nominated by President Bill Clinton on November 19, 1993, to a seat which had been vacated by Emilio M. Garza over two years before. Garcia was confirmed by the United States Senate on March 10, 1994, and received his commission on March 11, 1994.

http://en.wikipedia.org/wiki/Orlando_Luis_Garcia


35 posted on 02/26/2014 4:25:20 PM PST by NKP_Vet (“From man’s sweat and God’s love, beer came into the world.” – St. Arnold of Metz)
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To: NKP_Vet

For the life of me I can’t find same sex marriage anywhere in the Constitution. Maybe some vague reference to “Life, Liberty and the Pursuit of Happiness” in the Declaration of Independence, but you can sure stretch that sentence until it snaps for just about anything you need to make you “Happy”. I think that judge better go back to Judge 101 and start over.


36 posted on 02/26/2014 4:29:54 PM PST by SkyDancer (I Believe In The Law Until It Intereferes With Justice.)
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To: 2ndDivisionVet

This will not last, if Texas still has any cajones.


37 posted on 02/26/2014 4:40:10 PM PST by JSDude1 (Defeat Hagan, elect a Constutional Conservative: Dr. Greg Brannon!)
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To: Captain Jack Aubrey

No they don’t. They are perverted sexual deviates that ought to be jailed,in my opinion. Leviticus in God’s word transcends the law of some damned Clinton ( what a joke he was) appointee. NO HOMO WEDDINGS—


38 posted on 02/26/2014 5:03:42 PM PST by SADMILLIE
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To: 2ndDivisionVet

The United Gay States of America. It’s who we are now.


39 posted on 02/26/2014 5:04:06 PM PST by CincyRichieRich (Bloom right where you are.)
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To: CincyRichieRich

http://www.LivingInThePhilippines.com


40 posted on 02/26/2014 5:04:55 PM PST by 2ndDivisionVet (I will raise $2M for Sarah Palin's next run, what will you do?)
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To: 2ndDivisionVet

Who didn’t see that coming? Judges have more power than congress or the people. There is no stopping them.


41 posted on 02/26/2014 5:09:18 PM PST by ilovesarah2012
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To: 2ndDivisionVet

http://www.LivingInThePhilippines.com

Tonga ain’t bad to look at either


42 posted on 02/26/2014 5:09:55 PM PST by CincyRichieRich (Bloom right where you are.)
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To: VerySadAmerican

And that is why it is time to divide the country into two separate nations.


43 posted on 02/26/2014 5:10:29 PM PST by ilovesarah2012
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To: All

In case anyone is interested:

U.S. District Judge Orlando L. Garcia
Address: 655 E. Cesar E. Chavez Blvd., San Antonio, TX 78206
Chambers Phone No.: (210) 472-6565
Fax Number: (210) 472-6568

Searching for a good email, but this could be it:

orlando_garcia@txwd.uscourts.gov


44 posted on 02/26/2014 5:11:28 PM PST by I_Publius
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To: animal172

To regulate the actions of ALL people based on 10-20% of the populace walking around with their head up their a$$.


45 posted on 02/26/2014 5:11:29 PM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: Cletus.D.Yokel

http://en.wikipedia.org/wiki/Same-sex_marriage_in_Texas


46 posted on 02/26/2014 5:12:25 PM PST by NKP_Vet (“From man’s sweat and God’s love, beer came into the world.” – St. Arnold of Metz)
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To: ilovesarah2012

No, just enclaves. Most of America is red. Just encircle the liberal septic tanks of Chicago, New York, Baltimore, etc., and make them deal with their own kind. Anyone attempting a break-out gets capped.


47 posted on 02/26/2014 5:19:24 PM PST by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: 2ndDivisionVet
WHICH PART OF THE US CONSTITUTION DOES IT VIOLATE??????????????????????????

Sorry - but what the HELL happened to this country?
48 posted on 02/26/2014 5:23:34 PM PST by Tzimisce
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To: SgtHooper

Not so sure. More and more people seem to have no problem with homosexual “marriage”. I think it will soon be celebrated nation-wide, which is why we need to secede. And soon.


49 posted on 02/26/2014 5:24:37 PM PST by ilovesarah2012
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To: 2ndDivisionVet

76% of Texas voters wanted this law that this judge just struck down.

Hard to have much faith in the American judicial system, eh?


50 posted on 02/26/2014 5:32:11 PM PST by ridesthemiles
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