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Texas has first Lesbian Marriage despite ban

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  • Texas has first Lesbian Marriage despite ban

    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.

    © Copyright Original Source

    "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

  • #2
    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.

    Comment


    • #3
      Originally posted by Starlight View Post
      bans on same-sex marriage are unconstitutional
      Where in the Constitution is the privilege to marry guaranteed?
      Some may call me foolish, and some may call me odd
      But I'd rather be a fool in the eyes of man
      Than a fool in the eyes of God


      From "Fools Gold" by Petra

      Comment


      • #4
        What if I want to marry myself?

        Comment


        • #5
          Originally posted by Sparko View Post
          What if I want to marry myself?
          You'd make a perfect couple

          I'm always still in trouble again

          "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
          "Of course, human life begins at fertilization that’s not the argument." --Tassman

          Comment


          • #6
            Originally posted by Mountain Man View Post
            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.
            "[Mathematics] is the revealer of every genuine truth, for it knows every hidden secret, and bears the key to every subtlety of letters; whoever, then, has the effrontery to pursue physics while neglecting mathematics should know from the start he will never make his entry through the portals of wisdom."
            --Thomas Bradwardine, De Continuo (c. 1325)

            Comment


            • #7
              Originally posted by Boxing Pythagoras View Post
              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.
              Some may call me foolish, and some may call me odd
              But I'd rather be a fool in the eyes of man
              Than a fool in the eyes of God


              From "Fools Gold" by Petra

              Comment


              • #8
                Originally posted by rogue06 View Post
                You'd make a perfect couple
                What if I want to get a divorce? Who get's the house?

                Comment


                • #9
                  Originally posted by rogue06 View Post
                  You'd make a perfect couple
                  Captain Hawkeye PIERCE? Is that YOU????
                  "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                  Comment


                  • #10
                    Originally posted by Sparko View Post
                    What if I want to get a divorce? Who get's the house?
                    Taz
                    "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                    Comment


                    • #11
                      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.
                      "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                      Comment


                      • #12
                        Originally posted by Cow Poke View Post
                        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.
                        Mercenary Maxim 37: There is No 'Overkill.' There is merely 'Open Fire,' and 'I need to Reload.'

                        Chaotic Void's Recommended Advice for Trump's Opposition to Punt him from the Oval Office: Git Gud

                        Comment


                        • #13
                          Originally posted by Chaotic Void View Post
                          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.
                          "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                          Comment


                          • #14
                            Originally posted by Mountain Man View Post
                            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.

                            Originally posted by Chaotic Void View Post
                            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.
                            "[Mathematics] is the revealer of every genuine truth, for it knows every hidden secret, and bears the key to every subtlety of letters; whoever, then, has the effrontery to pursue physics while neglecting mathematics should know from the start he will never make his entry through the portals of wisdom."
                            --Thomas Bradwardine, De Continuo (c. 1325)

                            Comment


                            • #15
                              Originally posted by Boxing Pythagoras View Post
                              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.
                              "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                              Comment

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