Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2020-09-16
DOWNLOAD ISSUE
About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Advertisers OUT! Guide    Marriage

Sponsor

  WINDY CITY TIMES

Fed Court backs TX marriage equality
by Lisa Keen Keen News Service
2014-02-26

facebook twitter pin it google +1 reddit email


A federal judge in San Antonio, Texas, ruled Wednesday that Texas' ban on same-sex marriage violates the U.S. Constitution and demeans the dignity of gay couples "for no legitimate reason." Judge Orlando Garcia then granted two plaintiff couples' request for an injunction barring the state from enforcing the ban. But, like federal district court judges in Virginia and Utah, Garcia stayed his ruling pending appeal of the case to the federal appeals level.

The Garcia ruling was in DeLeon v. Texas, in which two same-sex couples challenged the state's statutory ban and its state constitutional ban on marriages for same-sex couples. One couple had married in Massachusetts and sought recognition in Texas; the second couple sought to marry in Texas.

Texas Attorney General Greg Abbott announced immediately that his office would appeal the decision to the Fifth Circuit U.S. Court of Appeals. He expressed optimism that the bans would prevail on appeal.

"The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage," said Abbott. "The Texas Constitution defines marriage as between one man and one woman. If the Fifth Circuit honors those precedents, then today's decision should be overturned and the Texas Constitution will be upheld."

Texas Republican Governor Rick Perry was more defiant, saying, "it is not the role of the federal government to overturn the will of our citizens."

"The 10th Amendment guarantees Texas voters the freedom to make these decisions," said Perry, "and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state."

Supporters of marriage equality were, naturally, happy.

"This ruling is one more step toward the inevitable end of official discrimination by the state of Texas," said Rebecca Robertson, legal director for ACLU-Texas. "Gay and lesbian couples want the same thing as other loving couples — to stand before family and friends and declare their lifetime commitment to each other, and to enjoy the same recognition and protection for their families that only marriage can bring. We applaud the judge's preliminary ruling, but we also recognize that there is a great deal of hard work to do to bring full equality to every Texan."

Judge Garcia and at least five other federal judges to rule on state bans of marriage for same-sex couples in the past eight months have all cited the U.S. v. Windsor decision by the U.S. Supreme Court. In that decision, the nation's highest court said the federal government cannot refuse to recognize a valid marriage license from a state. Garcia noted that lower courts must apply that ruling "and decide whether a state can do what the federal government cannot—discriminate against same-sex couples."

As if anticipating Perry's reaction, Judge Garcia said, in the conclusion of his decision, that "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 State 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. Furthermore, Supreme Court precedent prohibits states from passing legislation born out of animosity against homosexuals (Romer), has extended constitutional protection to the moral and sexual choices of homosexuals (Lawrence), and prohibits the federal government from treating state-sanctioned opposite-sex marriages and same-sex marriages differently (Windsor)."

Garcia ruled that the Texas bans violate the guarantees of due process and equal protection of the U.S. Constitution.

A federal judge in Michigan began hearing testimony Tuesday in a lawsuit challenging Michigan's ban on allowing same-sex couples to marry.

© 2014 Keen News Service. All rights reserved.


facebook twitter pin it google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

WORLD Vancouver protest, dating apps, Budapest Pride, N. Ireland marriages 2020-09-08 - In Canada, protesters held a beach dance party in Vancouver's West End night in a bid to disrupt an event by a Toronto ...


Gay News

Trans judicial candidate Jill Rose Quinn weds 2020-09-01 - Democratic judicial candidate Jill Rose Quinn—who will likely be Illinois' first openly transgender judge after the Nov. 3 elections—added to her 2020 highlights ...


Gay News

NATIONAL Bakery situation, tribal marriage, anti-LGBTQ crimes, Penn. lawmakers 2020-08-10 - Extreme right-wing organization the Church Militant requested that Detroit bakery Good Cakes and Bakes co-owner April Anderson ( who's LGBTQ ) put on ...


Gay News

WORLD Israel incident, Cayman marriage, singer comes out, Poland arrests 2020-08-10 - The Israel Police arrested a 16-year-old from the central Israeli city of Lod on suspicion that he took part in a violent attack ...


Gay News

Ken Ilio, one of the first gay men to marry in Illinois, dies at 63 2020-08-02 - Keneth Yerro Ilio—who became one of the first gay men to wed in Illinois when he married Ron Dorfman in December 2013—has died ...


Gay News

NATIONAL Marriage video, non-binary person killed, memo, Buttigieg, Fauci 2020-07-13 - U.S. District Judge William Orrick, a federal judge in San Francisco, ordered videos of a landmark 2010 trial that led to the striking ...


Gay News

Chicago church that hosted historic same-sex event demolished 2020-07-08 - Following an extended effort to save the building, Misericordia Homes recently demolished the former Chicago Town and Tennis Club/Unity Church building at 1925 ...


Gay News

Consulates holding Pride talk June 30 2020-06-28 - On Tuesday, June 30, at 12 p.m., the Australian and Irish consulates of Chicago will hold a Pride virtual panel. Participants will celebrate ...


Gay News

NCLR celebrates five-year anniversary of Supreme Court ruling on marriage equality 2020-06-26 - WASHINGTON, DC — The National Center for Lesbian Rights ( NCLR ) today joins with millions of LGBTQ people and allies in celebrating ...


Gay News

Study says LGBT emotional well-being improved post marriage equality ruling 2020-06-10 - A new study by the Williams Institute at UCLA School of Law finds that the U.S. Supreme Court's decision in Obergefell v. Hodges, ...


 



Copyright © 2020 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor


 



About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.