Texas has first Lesbian Marriage despite ban

[Cow Poke]

Source

Source: ABC

Defying Texas' longstanding ban on gay marriage, a lesbian couple wed in Austin on Thursday immediately after being granted a marriage license under a one-time court order because one of the women has cancer.

The women said their union was the first legal same-sex marriage since voters approved the ban in the fiercely conservative state in 2005, though Texas' attorney general immediately appealed to the state Supreme Court. The court later issued an emergency stay that blocks other gay couples from obtaining marriage licenses but didn't address the Austin marriage.

Thursday's license was issued exclusively for and Suzanne Bryant and Sarah Goodfriend, who has ovarian cancer, in liberal-leaning Travis County. The Austin couple requested the license two days after a local probate judge ruled in an unrelated estate case that Texas' gay-marriage ban was unconstitutional. The couple — together for more than 30 years — cited the estate case, saying it should allow them to get married.

State District Judge David Wahlberg sided with the couple and directed the Travis County clerk to stop relying on "the unconstitutional Texas prohibitions against same-sex marriage as a basis for not issuing a marriage license." County Clerk Dana Debeauvoir said she issued the license, but that any other licenses must be court ordered.

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[Starlight]

Meh. Both Thomas and Ginsburg have pretty much stated that the Supreme court is going to rule in June that bans on same-sex marriage are unconstitutional nationwide. Though the Supreme Court refusing Alabama's stay request made it obvious in and of itself what their ruling in June will be, as Thomas pointed out. The only interesting thing is whether their final decision will go 5-4 or 7-2. What Texas is or isn't doing is largely irrelevant at this point.

[Mountain Man]

bans on same-sex marriage are unconstitutional

Where in the Constitution is the privilege to marry guaranteed?

[Sparko]

What if I want to marry myself?

[rogue06]

What if I want to marry myself?

You'd make a perfect couple

[Boxing Pythagoras]

Where in the Constitution is the privilege to marry guaranteed?

It's not. However, if states regulate marriage, they must provide equal protection under the law to homosexual couples as is given to heterosexual couples.

[Mountain Man]

It's not. However, if states regulate marriage, they must provide equal protection under the law to homosexual couples as is given to heterosexual couples.

Equal protection refers to rights, and marriage is not a right, it's a privilege.

[Sparko]

You'd make a perfect couple

What if I want to get a divorce? Who get's the house?

[Cow Poke]

You'd make a perfect couple

Captain Hawkeye PIERCE? Is that YOU????

[Cow Poke]

What if I want to get a divorce? Who get's the house?

Taz

[Cow Poke]

On a serious note, this is causing many Pastors to reconsider acting as "agents of the State" with regard to marriage licenses.

And, in performing a wedding, it has been customary to say something like "by the power vested in my by the State of Texas, and in the name of the Father, Son and Holy Spirit....."

Many pastors are considering dropping that "power vested by the State" part.

Also, Church Constitutions need to be written in such a way that protects the Pastor from being forced to conduct a wedding.

I had HEARD that the judge ordered a JP to perform this wedding. While that would not surprise me, I can find no proof of that as yet.

[Chaotic Void]

On a serious note, this is causing many Pastors to reconsider acting as "agents of the State" with regard to marriage licenses.

And, in performing a wedding, it has been customary to say something like "by the power vested in my by the State of Texas, and in the name of the Father, Son and Holy Spirit....."

Many pastors are considering dropping that "power vested by the State" part.

Also, Church Constitutions need to be written in such a way that protects the Pastor from being forced to conduct a wedding.

I had HEARD that the judge ordered a JP to perform this wedding. While that would not surprise me, I can find no proof of that as yet.

Canada seems to be heading that route, where the government can force you to perform marriages against your conscience. I know many a pastor who'd gladly turn over their license before that happened to them.

Of course, this wouldn't be a problem if the government wasn't involved in marriages to begin with, but that's just my $0.02.

[Cow Poke]

Canada seems to be heading that route, where the government can force you to perform marriages against your conscience. I know many a pastor who'd gladly turn over their license before that happened to them.

Of course, this wouldn't be a problem if the government wasn't involved in marriages to begin with, but that's just my $0.02.

Yeah, pretty much.

[Boxing Pythagoras]

Equal protection refers to rights, and marriage is not a right, it's a privilege.

Equal protection refers to laws, not just rights. Any establishment of a law which violates the equal protection of different classes of citizens is unconstitutional. For example, we do not have a Constitutional right to drive cars, but it would be a fairly clear violation of the Equal Protection Clause if a state created a law prohibiting homosexuals from receiving driver's licenses.

Of course, this wouldn't be a problem if the government wasn't involved in marriages to begin with, but that's just my $0.02.

Complete agreement, here.

[Cow Poke]

Equal protection refers to laws, not just rights. Any establishment of a law which violates the equal protection of different classes of citizens is unconstitutional. For example, we do not have a Constitutional right to drive cars, but it would be a fairly clear violation of the Equal Protection Clause if a state created a law prohibiting homosexuals from receiving driver's licenses.

Churches have a constitutional right (at least, so far) to determine who is qualified for membership, and what those members are entitled to enjoy as part of their membership. I think marriage is coming down to that.