Travis judge rules Texas gay-marriage ban unconstitutional

Austin Statesman ^ | 02/17/2015 | Chuck Lindell

[GIdget2004]

A Travis County judge ruled Tuesday that the Texas ban on same-sex marriage was unconstitutional, but there was no rush to the altar after county officials — scrambling to understand the impact of the judge’s 3 p.m. order — decided against issuing marriage licenses to same-sex couples, at least for now.

Travis County Probate Judge Guy Herman ruled as part of an estate fight in which Austin resident Sonemaly Phrasavath sought to have her eight-year relationship to Stella Powell deemed to have been a common-law marriage. Powell died last summer of colon cancer.

Travis County Clerk Dana DeBeauvoir, who praised Herman for his ruling, said she will confer with county lawyers to determine her options.

[grobdriver]

part of an estate fight in which Austin resident Sonemaly Phrasavath sought to have her eight-year relationship to Stella Powell deemed to have been a common-law marriage

Just another data point that it's all about the money with the queers.

[cweese]

"A Travis County judge ruled Tuesday that the Texas ban on same-sex marriage was unconstitutional..."

Yeah, what the heck. Voters in Texas overwhelmingly rejected gay marriage on the ballot in 2 elections (75% against), yet it is more and more apparent that the will of the people be damned. Judges will give the finger to voters on whichever issues they choose.

[madprof98]

Despite explicit prohibitions in state constitutions and voter-approved laws, gay marriage is now—in the eyes of libs—”settled law” throughout the USA. Meanwhile, a federal judge’s ban on executive amnesty is going to be set aside ASAP.

[DiogenesLamp]

And now we are having willfully stupid judges in Texas too?

[YouGoTexasGirl]

As in the general election results, the cities in the USA think that those of us in rural areas do not count as well as any law that is voted on and wins a majority of the votes when it does not agree with them. Travis county= ultra liberal Austin,TX so judges are like Lloyd Doggett in their rulings.

The stupid ladies did not have a valid will, even when one partner had cancer??!!! Too much to spend a few hundred dollars to protect each other from the siblings??!! Anyone without a will knows they are subject to state guidelines so she should just suck it up, but no, has to take it to court and be the poster girl for homo marriage in TX.

[TexasGunLover]

Yeah, what the heck. Voters in Texas overwhelmingly rejected gay marriage on the ballot in 2 elections (75% against), yet it is more and more apparent that the will of the people be damned. Judges will give the finger to voters on whichever issues they choose.

As has always been the case.... a constitutional amendment would be required to stop it.

[TBP]

Defy. Reenact it and enforce it.

[Svartalfiar]

Wait, how is it unConstitutional? If you actually take the time to read the Constitution, you would know this was in it:

Article 1, Section 32 of the Texas Constitution, as amended, states:[1]

(a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

[Conscience of a Conservative]

Of course it’s all about the money. The problem is, being all about the money actually strengthens their legal case. If it was only about the word/institution of marriage, they would have a very weak case. But, the fact that marriage carries with it a wide range of legal and financial benefits makes it easier for them to argue that same-sex marriage bans deprive people of those legal and financial benefits.