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Texas Is Latest Red State To See Same-Sex Marriage Ban Ruled Unconstitutional (The Left gloats)
PoliticusUSA ^ | February 26, 2014 | Justin Baragona

Posted on 02/26/2014 5:17:50 PM PST by 2ndDivisionVet

On Wednesday, a federal judge ruled that Texas’ amendment banning same-sex marriage is unconstitutional. While Judge Orlando Garcia stated that same-sex marriage should be legal in the state, he allowed his ruling to be stayed until an appeals court has a chance to review it. Therefore, at this moment, gay and lesbian couples cannot get married in the state of Texas.

This is just the latest step in what will surely be the complete toppling of same-sex marriage bans across the country. Currently, gay marriage is legal in 17 states and the District of Columbia. At the same time, there are currently lawsuits filed in 20 other states challenging the marriage laws. We’ve already seen federal judges rule the same-sex marriage bans in Utah, Virginia and Oklahoma unconstitutional in recent months. Those rulings are currently facing appeal, as will this Texas ruling.

However, it seems highly, highly unlikely that the appeal courts will overturn the judges’ rulings in these cases. The fact of the matter is that gay marriage is here to stay in America. If it isn’t legal in your state yet, it will be in short order. On top of that, if there are some states that hold out or don’t have lawsuits filed within, it is inevitable that the federal law will eventually reflect what is happening in these court. Marriage equality will be the law of the land.

Perhaps this inevitability is the reason gay discrimination bills have popped up in the state legislatures of certain red states recently. The fear of having to accept gay marriage and seeing gay and lesbian couples ‘flaunting’ their relationships was too much to take for the religious right. Knowing that they couldn’t stop the tide of marriage equality, they decided to take a presumably quieter approach by trying to get ‘religious freedom’ bills passed in states with Republican dominated governments.

The only thing is that it didn’t work. A large spotlight was cast on Kansas and Arizona regarding the bills that were passed. The business community freaked, as did more pragmatic Republicans, realizing the long-lasting and negative effects that passing these laws would have on the GOP. At some point, the Republican Party doesn’t want to be labeled as hateful, intolerant and bigoted anymore. Passing these laws would be the death knell for the GOP as a national political party.

The ruling in Texas on Wednesday is just another step towards eliminating the discrimination the LGBT community faces in this nation. Judge Garcia rejected the notion that each state in this country should be allowed to determine what the definition of marriage is. The reason he rejected it shows exactly why same-sex marriage bans in other states will quickly fall.

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

Essentially, if a state can’t find a legitimate purpose for outlawing same-sex marriage, then a law should not be on the books. A law can’t be made to purposely discriminate against a certain segment of the population just because it makes another segment of the population feel better. At that point, you are sanctioning inequality. That is how more and more federal judges are reading the law in terms of same-sex marriage. Gay marriage is here to stay.


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections; US: Arizona; US: Kansas; US: Texas
KEYWORDS: arizona; gaymarriage; homiosexualmarriage; homosexualagenda; janbrewer; judiciary; kansas; lavendermafia; samesexmarriage; texas
Comments?
1 posted on 02/26/2014 5:17:50 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

What’s there to comment on? The will of the people has been subverted by our ridiculous Iran-style judicial system where judges can pretty much run the government. NEVER have we had a sitting AG greenlight federally appointed judges to simultaneously overrule state constitutions.

If you’re conservative and you haven’t bought firearms in bulk at this point, you’re not doing your constitutional duty. Remember what the Founders said.


2 posted on 02/26/2014 5:21:11 PM PST by Viennacon
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To: 2ndDivisionVet

Obamacare is the Law of the Land, but states’ homosexual marriage bans are not. Nice. Since the judge stayed his own ruling, that means he doesn’t believe this will pass muster with either the Fifth Court of Appeals or SCOTUS, meaning that this was simply another feeble attempt in the left’s long-term goal of turning Texas blue.


3 posted on 02/26/2014 5:21:14 PM PST by Extremely Extreme Extremist (15 years of FReeping! Congratulations EEE!!)
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To: 2ndDivisionVet
No matter what, don't look back?


4 posted on 02/26/2014 5:21:29 PM PST by Salamander (Quis custodiet ipsos custodes?)
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To: 2ndDivisionVet

What a putrid article. The perverted graphic itself is a hangable offense.


5 posted on 02/26/2014 5:22:30 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: 2ndDivisionVet

Comments? Let’s give the boot to any Freeper who refuses to pray for Ted Kennedy!!!!!! That will help.


6 posted on 02/26/2014 5:23:24 PM PST by Doctor 2Brains
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To: 2ndDivisionVet

Leftist gloating. If the trends continue, in 20 years, all current Traditional-Marriage supporters will be vilified, like Jim-Crow era whites are vilified today.


7 posted on 02/26/2014 5:24:57 PM PST by sagar
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To: 2ndDivisionVet; Eaker; humblegunner; Spktyr; GeronL

SECEDE!


8 posted on 02/26/2014 5:25:26 PM PST by re_nortex (DP - that's what I like about Texas)
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To: 2ndDivisionVet

So? Per the example set by Eric the Red, Texas can just ignore it if they don’t like it.


9 posted on 02/26/2014 5:40:49 PM PST by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite it's unfashionability)
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To: 2ndDivisionVet
There is a bill on the Missouri house floor to impeach the governor of Missouri for actual specified transgressions. This might help to keep him on task and focused when its his turn to sign the Missouri version of the AZ bill vetoed by governor Jan.

It would be so sweet to impeach Nixon, the democrat governor of Missouri.

10 posted on 02/26/2014 5:46:47 PM PST by x_plus_one (The harvest is great but the workers are few. Salman Rushdie is still in hiding.)
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To: 2ndDivisionVet

They are free to rule it unconstitutional, and I am free to not obey them and will not consider a couple of dykes or faggots as married, nor will I afford them the same respect as a husband/wife.

These judges can decree, and I can say thank you for you input, but F^&K off.


11 posted on 02/26/2014 5:49:11 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: 2ndDivisionVet

Judge Orlando Garcia is the latest judge suffering from “black robed fever” which impels these jerks to overrule the will of the people.


12 posted on 02/26/2014 5:56:20 PM PST by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: sagar
in 20 years, all current Traditional-Marriage supporters will be vilified

I can't believe you're giving them 20 years. We're almost there now. I'd give them at most 20 months to finish the job.

13 posted on 02/26/2014 5:58:09 PM PST by madprof98
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To: Ouderkirk

Thats what Holder said the other day..don’t like a law? feel free to ignore it.

If Tx fights, I want to be there...


14 posted on 02/26/2014 5:58:17 PM PST by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: 2ndDivisionVet

Let them gloat.

We all know how this ends.

Gnashing of teeth comes to mind.


15 posted on 02/26/2014 6:11:35 PM PST by KittenClaws ( Normalcy Bias. Do you have it?)
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To: 2ndDivisionVet

In the absence of an amendment to the federal constitution, states will have to disentangle all the rights they have attached to marital status. It is simply a matter of reviewing all the laws, seeing where rights are conditioned upon marital status, and then making those laws refer to individuals.

This has been obvious since the Massachusetts state supreme court ruled on the matter. The conservative position, stated by the minority in that decision, is that the interest of the state in marriage is to fix paternity to the husband of the mother at the time of birth (technically, this is a refutable presumption; since, the husband of the father can exercise a right to a divorce upon discovering that he has been cuckolded by the mother of the child).

Has any state actually reviewed its litany of laws that attach thousands of other things to marital status? No. Therefore, it is a joke for conservatives to say marriage is not about equality before the law. It’s only about protecting children. Will any state NOW review its laws?


16 posted on 02/26/2014 6:12:06 PM PST by Redmen4ever
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To: 2ndDivisionVet

As soon as the same sexes experience the misery of Family court (divorce), I don’t believe they will be rushing to get married. Plus, a divorce is darn expensive.


17 posted on 02/26/2014 6:22:56 PM PST by machogirl (First they came for my tagline)
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To: 2ndDivisionVet

How the hell does an appointed judge overturn a legally enacted statute on an issue that is left to the states to decide?


18 posted on 02/26/2014 6:29:20 PM PST by The Sons of Liberty (Who but a TYRANT shoves down another man's throat what he has exempted himself from?)
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To: machogirl

I would think that every time a homosexual couple ties the knot, a divorce lawyer buys a strip mall.


19 posted on 02/26/2014 6:32:19 PM PST by 2ndDivisionVet (I will raise $2M for Sarah Palin's next run, what will you do?)
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To: 2ndDivisionVet

Yeah, it looks like the left, and the demons in hell for that matter, have good reason to gloat. For the moment.

“We The People” have dropped the God ball.

We can complain from here till doomsday that what’s right isn’t being done, and you know, what’s right won’t get a decent foothold among sinful us without embracing a Savior in all seriousness.

This debacle is a lesson in needing Him which is being taught by God, and that largely not to the heathen world, but to Christians!!


20 posted on 02/26/2014 6:35:16 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: 2ndDivisionVet

LOL


21 posted on 02/26/2014 6:40:38 PM PST by machogirl (First they came for my tagline)
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To: 2ndDivisionVet

Well the modern vogue of no-fault kind of limits that.


22 posted on 02/26/2014 6:42:33 PM PST by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: machogirl
As soon as the same sexes experience the misery of Family court (divorce), I don’t believe they will be rushing to get married. Plus, a divorce is darn expensive.

This has never been about 'gays' getting married. It's about forced acceptance and validation of of their perverted lifestyles so they can feel good about themselves.

23 posted on 02/26/2014 7:40:54 PM PST by Sans-Culotte (Psalm 14:1 ~ The fool says in his heart, “There is no God.”)
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To: 2ndDivisionVet

The Left is getting away with the lie that sexual orientation is equivalent to race. That’s what really pisses me off about all this. If they had gotten their way by convincing a majority of people and enacting gay marriage through legislation, well so be it. But instead they are doing by fiat, through the courts, based on a lie. It is beyond contemptible.


24 posted on 02/26/2014 8:01:56 PM PST by Yardstick
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To: 2ndDivisionVet

Garbage column, nonsense ruling, nothing but an insult to Texas.


25 posted on 02/26/2014 8:07:48 PM PST by darkangel82
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To: 2ndDivisionVet

The Communist Takeover Of America. 45 goals...

24. Eliminate all laws governing obscenity by calling them “censorship” and a violation of free speech and free press.
 
25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.
 
26. Present homosexuality, degeneracy and promiscuity as “normal, natural, healthy.”
 
27. Infiltrate the churches and replace revealed religion with “social” religion. Discredit the Bible and emphasize the need for intellectual maturity, which does not need a “religious crutch.”

It is all planned...secular humanism world is winning these battles by design..
They do lose the war...


26 posted on 02/26/2014 8:11:11 PM PST by delchiante
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To: Redmen4ever
In the absence of an amendment to the federal constitution, states will have to disentangle all the rights they have attached to marital status. It is simply a matter of reviewing all the laws, seeing where rights are conditioned upon marital status, and then making those laws refer to individuals.

Thanks for that insight, it is a complex problem and you made easy for me to understand. Can you run for DA of your state /s

27 posted on 02/26/2014 8:38:58 PM PST by SandwicheGuy (*The butter acts as a lubricant and speeds up the CPU*ou)
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To: SandwicheGuy

I will pass the idea along to my state delegate and state senator. My state senator is a crackerjack lawyer and a solid conservative. She is very well respected. I’d like to see what she says about the idea I discussed. My delegate is one of the two Tea Party members who wrested the GOP nomination from long-standing incumbents. He is an impressive fellow. However, I think he’d rely on the legal beagles on our side. Unfortunately, we dropped the ball in this state last year, lost the Governor and the Lt. Governor (who had the tie-breaking vote in the State Senate). I doubt we would be able to clean up our laws in this state any time soon.


28 posted on 02/26/2014 8:57:23 PM PST by Redmen4ever
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To: Sans-Culotte

you have a point


29 posted on 02/27/2014 7:40:05 AM PST by machogirl (First they came for my tagline)
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To: 2ndDivisionVet
It's gloating, but's it's also correct in predicting what the courts are going to do. As I've posted before, the holdings of Windsor made every state DOMA comprehensibly indefensible, which is why Bush I and Bush II appointees are ruling against them no differently from Clinton and Obama appointees.

There's a fair chance this issue never is even decided by the Supreme Court, because the Courts of Appeals will decide this issue uniformly in favor of gay marriage.
30 posted on 02/27/2014 7:46:47 AM PST by only1percent
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To: 2ndDivisionVet

This judge will be bitch slapped by the 10th Amendment. AFAIK, DOMA remains “The Law of the Land”, and the Texas Constitution affirms it.


31 posted on 02/27/2014 8:42:22 AM PST by Night Hides Not (For every Ted Cruz we send to DC, I can endure 2-3 "unviable" candidates that beat incumbents.)
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To: Some Fat Guy in L.A.
Per the example set by Eric the Red, Texas can just ignore it if they don’t like it.

Exactly. Holder and Obama have sent a dangerous message to this country, by saying "we'll decide which laws will be enforced." Without equal protection under the law, anarchy will ensue.

32 posted on 02/27/2014 8:44:42 AM PST by Night Hides Not (For every Ted Cruz we send to DC, I can endure 2-3 "unviable" candidates that beat incumbents.)
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To: 2ndDivisionVet

I think this Garcia guy needs a good FReeping.


33 posted on 02/27/2014 8:56:26 AM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: 2ndDivisionVet

Will Texans be wimpy like Arizona?


34 posted on 02/27/2014 10:44:22 PM PST by TomasUSMC (FIGHT LIKE WW2, WIN LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM.)
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To: Salamander

If Lots wife looked back today she’d be seeing America burning.


35 posted on 02/27/2014 10:45:38 PM PST by TomasUSMC (FIGHT LIKE WW2, WIN LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM.)
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To: TomasUSMC

Exactly.


36 posted on 02/28/2014 2:50:46 AM PST by Salamander (Quis custodiet ipsos custodes?)
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