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And Texas falls

Timothy Kincaid

February 26th, 2014

Dallas Morning News

A federal judge in San Antonio ruled Wednesday that Texas’ ban on same-sex marriage unconstitutionally deprives some citizens of due process and equal protection under the law by stigmatizing their relationships and treating them differently from opposite-sex couples.

U.S. District Judge Orlando Garcia cited recent U.S. Supreme Court rulings as having trumped Texas’ moves to ban gay marriage.

“Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent,” he said in his order. “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”

The decision is on hold pending appeal at the Fifth Circuit Court of Appeals.

Garcia is a former Democratic Texas State Representative from San Antonio. He was appointed to the bench by President Bill Clinton.

This should all prove to be interesting. Texas has more than it’s fair share of those opposed to treating their neighbor like themselves and Texan’s are unusually willing to let their biases and bigotries be known.

Comments

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FYoung
February 26th, 2014 | LINK

“This should all prove to be interesting. Texas has more than it’s fair share of those opposed to treating their neighbor like themselves and Texan’s are unusually willing to let their biases and bigotries be known.”

Texas also has a history of violence, unfortunately. It would be wise for Judge Garcia to get bodyguards.

NancyP
February 26th, 2014 | LINK

I would be surprised if Judge Garcia had not used some security measures, at least if she has ever spent time in criminal court or family court. Aggrieved spouses go after judges all the time, and sometimes the judge is killed.

Mark
February 26th, 2014 | LINK

Was a great ruling–but given how conservative the 5th Circuit is, it’s unlikely to be upheld there. Of course everything will wind up in the Supreme Court.

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