Skip

Keeping tradition and history intact is not a justification....
February 26, 2014 11:46 AM   Subscribe

U.S. District Judge Orlando Garcia has ruled that Texas' ban on the recognition of marriage equality is unconstitutional. The ruling comes days after the launch of Freedom To Marry's Southern Campaign, and almost a week after a judge in Illinois ruled that gay and lesbian couples there had the right to marry immediately, rather than June 1, as the legislature had previously passed. The Texas ruling has been stayed pending appeal.
posted by roomthreeseventeen (82 comments total) 8 users marked this as a favorite

 
Due process.... equal protection.....

How many cases are looking like they'll be in the pipeline to the Supreme Court now? I've lost track (which is kind of awesome!).
posted by rtha at 11:49 AM on February 26


Another brick out of the wall.

\o/
posted by ChrisR at 11:50 AM on February 26 [2 favorites]


Oops, should have included this. Here's Freedom to Marry's litigation scorecard.
posted by roomthreeseventeen at 11:51 AM on February 26 [2 favorites]


Whoaa-oh, dominoes.
posted by Horace Rumpole at 11:51 AM on February 26 [2 favorites]


As a gay Texan, I can confirm for you that this is the appropriate time to give a huge fucking YEEEEEEEEEEEEEEEE HAAAAAAAAAAAAAAAAAW!
posted by jph at 11:54 AM on February 26 [26 favorites]


That's great, obviously. We are seeing the next round of the battle for equality in that states that are having these bans overturned are now turning to new Jim Crow laws under the guise of "protecting people's religious freedoms" by allowing them to discriminate against LGBTs. Fortunately those will crumble even more quickly. Their hatred and homophobia will be well and truly exposed.

Hate, like addiction, is apparently always in the parking lot doing push-ups.
posted by dry white toast at 11:56 AM on February 26 [2 favorites]


Aaaahhhhhhh!! *Kermit flail* I burst into tears of sheer joy when I saw this.
posted by skycrashesdown at 11:56 AM on February 26 [3 favorites]


The most attractive man to ever hit on me was a literal cowboy from west Texas so I approve of everyone having the chance to marry whatever cowboy or girl they please.
posted by The Whelk at 12:00 PM on February 26 [6 favorites]


Im almost sure that this means everyone in Texas is now gay married. That's how the law works, right?
posted by T.D. Strange at 12:03 PM on February 26 [8 favorites]


We need a symbol to use that is the opposite of "." for when something really good happens.

Until we have such a symbol, I will simply quote jph's "YEEEEEEEEEEEEEEEE HAAAAAAAAAAAAAAAAAW!."
posted by Joey Michaels at 12:03 PM on February 26 [1 favorite]


Houston's mayor had said she would not marry her partner until it was legal in Texas. She gave in a month ago, though, and married her partner of 23 years and co-parent of their children. Maybe she would not have had to wait too much longer.
posted by Houstonian at 12:05 PM on February 26 [1 favorite]


Joey Michaels, try this: \o/
posted by ChrisR at 12:06 PM on February 26 [6 favorites]


\o/
posted by Zalzidrax at 12:15 PM on February 26 [2 favorites]


\o/
posted by Mick at 12:22 PM on February 26 [1 favorite]


When I see news like this, my first thought is for the people of the state, and how happy they must be to get good news like this. Makes me smile.

Then I think of the bigots of the state, and how mad they must be getting. And then I smile bigger.

Choke on it, bigots.
posted by norm at 12:23 PM on February 26 [16 favorites]


I haven't read the other decisions striking down similar state marriage bans, but I found this language interesting: “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”

In evaluating equal protection claims, courts apply different tests based on the individual interest that's being infringed. "Rationally related to a legitimate government purpose" is the lowest level of scrutiny, and most likely to uphold a law rather than strike it down. Even applying that test, the judge found Texas's law unconstitutional. Cool. On appeal, the state won't be able to argue that he applied the wrong test, as any other test would be even more likely to invalidate the law.
posted by fogovonslack at 12:28 PM on February 26 [10 favorites]


\o/
posted by mogget at 12:28 PM on February 26 [1 favorite]


Awesome! At the rate that gay marriage has been becoming permissible in this country over the last few years, we're well on our way to the ultimate goal of making it mandatory.

...wait, is this not the Gay Cabal forum? Forget that. There is no Gay Cabal.

I kid, though. This is awesome! Shame about the appeal (some people will just never stop trying to obstruct the path of history, will they?) but I'm sure it won't be long now. Hopefully soon we can do away with this state-by-state patchwork and come up with something unified and federal. Is there a way to do that without calling for a constitutional amendment?
posted by Scientist at 12:29 PM on February 26 [2 favorites]


Texas, wow. Awesome. Who woulda thought.
posted by Melismata at 12:31 PM on February 26


This is the first time in recent memory that I'm not ashamed to be a native, texan.
posted by mudpuppie at 12:34 PM on February 26 [2 favorites]


yeah, what dry white toast was saying about the religious freedoms bills currently in the works. list of states and where they're at in the process.

keep an eye on arizona this week. the state that faced boycotts for not celebrating mlk day and passing sb 1070? their chamber of commerce, both senators (mccain and jeff flake), 3 republican state senators who initially voted for it, are all asking gov brewer to veto it (also 57% of republican voters). and that's just the conservatives. at this point i'm kind of drumming my fingers waiting for all the gay marriage. these embarrassing defeats are nice and all...

sorry-- also, yay us/texas.
posted by twist my arm at 12:35 PM on February 26 [1 favorite]


Choke on it, bigots.

I prefer

SUCK IT, HATERS

that really needed a blink tag

\o/

Seriously, in the past what, six weeks how many judges in how many states have taken a look at bigoted, homophobic bullshit and said "Yeah, nope"?

Here's what I am looking forward to: a photograph of Scalia's face the moment SCOTUS renders its 5-4 Gay Marriage Is Fine decision.
posted by feckless fecal fear mongering at 12:37 PM on February 26 [4 favorites]


This is good.

I happen to have the good fortune of knowing many wonderful men and women who will hopefully soon be able to assert their rights.

Love knows no boundaries.

We all know this.

I am glad that we are eroding such hateful artifacts of a less civilized age.
posted by PROD_TPSL at 12:42 PM on February 26 [1 favorite]


this is really great.

It's been fascinating to watch equality slowly move across the nation, one state at a time.
posted by rebent at 12:44 PM on February 26


Tucker Carlson says that making businesses bake wedding cakes for gays as well as straight people is fascism.

Funny, but I don't see that listed as a tenet.
posted by Pogo_Fuzzybutt at 12:47 PM on February 26


\o/\o/

TOO MUCH TOLERANCE FOR ONE HAND!
posted by eriko at 12:51 PM on February 26 [1 favorite]



HA HA.
posted by Pogo_Fuzzybutt at 1:02 PM on February 26 [7 favorites]


SURRENDER DOROTHY RICK PERRY
posted by TheWhiteSkull at 1:05 PM on February 26 [7 favorites]


\o/

Very exciting to see the courts' reflection of the popular will sweep away bigotry and intolerance like this. A truly historical moment.

I'm old enough (52) to have grown up in a time and place where racism was casual and ingrained, particularly among older folks. While we will never erase our country's original sin, those days of acceptable racism seem very strange and far away now. Let's hope our children and their children see the battle for LGBT rights the same way.

(And let's help folks like Daylin Leach get elected to Congress, people with the passion and the courage to lead that fight. Even if you're not in the Pennsylvania 13th District, he can still use your help winning a tough May 20 primary.)
posted by stupidsexyFlanders at 1:05 PM on February 26 [1 favorite]


Good on the judges.

"Religious freedom" to discriminate is the new "separate but equal," and these bills and their supporters should be addressed with the same amount of horror and revulsion expressed towards Jim Crow.
posted by zombieflanders at 1:11 PM on February 26 [3 favorites]


Funny, but I don't see that listed as a tenet.

"Help, help, I'm being oppressed by not being allowed to oppress."
posted by Mental Wimp at 1:13 PM on February 26 [3 favorites]


Good grief, and I was surprised when a judge said Virginia's ban on SSM was ruled unconstitutional..... but Texas, a state that's frequently even more backwards than us?!? Amazing.

And I just adore how all of the judges are using Scalia's own arguments against him: that's almost the best part of it all.
posted by easily confused at 1:13 PM on February 26


Texas state Senator and Lt. Gov. candidate Dan Patrick tweeted, "As Lieutenant Governor I'll fight activist judges and defend our traditional Texas values." Well Dan, United States District Judge Orlando Garcia was born in Texas, went to college and law school in Texas, practiced law in Texas for more than a decade, and served the people of the state of Texas as a state representative and state judge for nearly 15 years before being nominated and confirmed as a federal judge in 1993, where he has served ever since. I'd say he's upholding "traditional Texas values" just fine.

(Oh, and by the way, Dan Patrick was born in Maryland, went to college in Maryland, worked as a broadcaster in Pennsylvania and DC, eventually made his way to Texas where continued in broadcasting and owned a handful of sports bars. He didn't enter public service until 2007. What's that about traditional Texas values?)
posted by monju_bosatsu at 1:20 PM on February 26 [37 favorites]


And I just adore how all of the judges are using Scalia's own arguments against him: that's almost the best part of it all.

I'm definitely feeling the tingle of schadenfreude about this.

\o/
posted by Sophie1 at 1:22 PM on February 26 [1 favorite]


As a Texan it was very frustrating when Utah's gay marriage ban got struck down first. So excited we're finally joining the ranks. Could this possibly be picked up by this session of the Supreme Court? When's the absolute best case earliest time it could be ruled upon?

\o/
posted by DynamiteToast at 1:23 PM on February 26


All this talk of Dan Patrick and I'm thinking of another sportscaster Dan Patrick and it's seriously causing major mind image problems.

(Not that the other Dan Patrick isn't an asshole in some other ways, but I don't think he's a homophobe.)
posted by kmz at 1:24 PM on February 26 [1 favorite]


Also I don't see it linked, so here's the judge's actual decision. Reading it is pretty awesome, it seems so open and shut after Windsor.
posted by DynamiteToast at 1:25 PM on February 26 [1 favorite]


When's the absolute best case earliest time it could be ruled upon?

This decision will first have to go to the Fifth Circuit, which could take a year, more or less.
posted by monju_bosatsu at 1:26 PM on February 26


Please let Greg Abbot make a fool out of himself in court over this case just in time for the election in November. Please let him screw it up so badly he's a laughingstock here in Texas the way Clayton Williams screwed up and lost to Ann Richards. PLEASE.
posted by immlass at 1:26 PM on February 26 [9 favorites]


As a gay Texan, I can confirm for you that this is the appropriate time to give a huge fucking YEEEEEEEEEEEEEEEE HAAAAAAAAAAAAAAAAAW!

Just remember, Texans, if you're going to shoot guns into the air like Yosemite Sam you should use blanks.

Is the \o/ a new metafilter tradition? It's hands raised in the air cheering, right?

\o/
posted by justsomebodythatyouusedtoknow at 1:26 PM on February 26 [3 favorites]


DynamiteToast, my understanding is that SCOTUS hears cases starting every October, rulings issued the following June. So my wild-ass guess: verdict by June 2015.

Pride across the USA is going to be off the fucking hook that summer.

...nevermind, per monju_bosatsu. However, it's my understanding that some of the other pending cases have already passed their respective Circuits, so SCOTUS is next, no?
posted by feckless fecal fear mongering at 1:27 PM on February 26


\o/

Kermit flail, yes?
posted by jph at 1:31 PM on February 26 [2 favorites]


Lets do this...

\o/

Yeeeaaaah.
posted by PROD_TPSL at 1:34 PM on February 26


Let's also give a wave to Molly Ivins, because she must be grinning big as hell right now.

*waves*
posted by mudpuppie at 1:37 PM on February 26 [9 favorites]


Not that the other Dan Patrick isn't an asshole in some other ways, but I don't think he's a homophobe.

The day after Jason Collins came out he spent most of his show talking about how great it was and debating anti-gay callers.
posted by dirigibleman at 1:38 PM on February 26 [2 favorites]


\o/

STEVE HOLT!
posted by Aizkolari at 1:41 PM on February 26 [12 favorites]


The trend of quoting Scalia's dissenting opinion of a case to prove why the state's gay marriage ban is unconstitutional continues, from page 29:

(3) Tradition
While Defendants do not expressly advance "tradition" as a rational basis for Section 32, they refer to the "traditional definition of marriage" and appeal to how it is "traditionally understood." However, tradition, alone, cannot form a rational basis for a law. See Lawrence, 539 U.S. at 602 (Scalia, J., dissenting) ("'Preserving the traditional institution of marriage...is just a kinder way of describing the State's moral disapproval of same-sex couples," which, in turn, is not a legitimate reason)

posted by DynamiteToast at 1:53 PM on February 26 [4 favorites]


...nevermind, per monju_bosatsu. However, it's my understanding that some of the other pending cases have already passed their respective Circuits, so SCOTUS is next, no?

Emphatically nope. The first of this round of cases, Utah's, only started briefing very recently, and oral arguments are set for sometime in April. The court will probably take at least a month to put its decision together, but possibly much longer. And that's a very fast track for an appellate court.
posted by Holy Zarquon's Singing Fish at 2:01 PM on February 26


Yay!
posted by brundlefly at 2:22 PM on February 26


YIPEE-KI-YI-YAY!
  /
\o/
posted by The Vice Admiral of the Narrow Seas at 2:27 PM on February 26 [2 favorites]


Yay!
posted by brundlefly at 2:30 PM on February 26 [1 favorite]


\o/
posted by Quiplash at 2:39 PM on February 26


a literal cowboy from west Texas

Willie Nelson's song is appropriate today: "Cowboys Are Frequently, Secretly (Fond of Each Other)."

Cowboys are frequently secretly fond of each other.
Say, what do you think all them saddles and boots was about?
And there's many a cowboy who don't understand the way that he feels for his brother.
And inside every cowboy there's a lady that'd love to slip out.


Texas, I love you, now get over it.
posted by spitbull at 2:44 PM on February 26 [2 favorites]


\o/ /o/ \o\ \o/ \o\ /o/ \o/

Kermit flail.
posted by Shotgun Shakespeare at 2:56 PM on February 26 [12 favorites]


Wow! Yet another piece of good news. I know there will be setbacks to come, but the recent series of rulings is so heartening.

I'm old enough (52) to have grown up in a time and place where racism was casual and ingrained, particularly among older folks.

I'm 40, and the change during my lifetime in casual homophobia has been amazing. It's not gone, of course, but it's no longer the assumed default position. Other than referenced ironically in comments here, I honestly couldn't tell you when I last heard the word "fag," for example, or heard a gay joke used for an easy laugh. It'll take a lot longer until things fully improve, but it's amazing to watch social change happen like this on such a short timescale.
posted by Dip Flash at 3:01 PM on February 26 [4 favorites]


Oh man, I hope it survives appeal. I will go to ALL THE WEDDINGS!
posted by Devils Rancher at 3:59 PM on February 26


The most attractive man to ever hit on me was a literal cowboy from west Texas so I approve of everyone having the chance to marry whatever cowboy or girl they please.

For about 6 years, Vreeland Graphics was next door to a gay bar called The Rainbow Cattle Co. which was, as you can probably easily decipher from its name, an actual gay bar for cowboys. They were wonderful neighbors and great customers, and the place was always packed. So come on down and git yer sef a cowboy - we've got plenty to go around.
posted by Devils Rancher at 4:07 PM on February 26


Gay Texas cowboys had like, the best taste in music ever.
posted by The Whelk at 4:10 PM on February 26


The most attractive man to ever hit on me was a literal cowboy from west Texas so I approve of everyone having the chance to marry whatever cowboy or girl they please.

Several years ago I got a midnight call from a gay friend of ours who was supposed to spend the night at our place. There was a huge amount of background noise and I asked him where he was at. He named this rough n' tumble cowboy bar on the outskirts of Bismarck (ND). Then he went into this monologue about how he had forgotten how great cowboy's asses were and the effects of Wrangler jeans in shaping them...it went on for a bit. Then he said he had to go off and flirt. He showed up at our place a couple hours later, mumbling something about a wonderful tumble in a pickup in the parking lot.

I chuckle to myself whenever I see an ad for Wrangler jeans.
posted by Ber at 6:53 PM on February 26 [1 favorite]


The Whelk (and other folks showing cowboy love in this post): This Friday is Go Texan day in Houston -- a celebration of the Houston Livestock Show & Rodeo. It's a big deal here -- over 2.5 million attended last year, for example. So on Go Texan day, everyone dresses up "cowboy" style. Nice-fitting jeans, belt buckles, cowboy hats, bandanas, and boots. A trail ride (horses, wagons, and all) goes through downtown. Come on down!
posted by Houstonian at 6:56 PM on February 26 [1 favorite]


With appeals currently pending in district court decisions in Oklahoma, Utah, Texas, and Virginia, the Fourth, Fifth, and Tenth Circuits will all rule on this within the year (or thereabouts). Given the nature of the rulings so far, it doesn't seem too likely that a Ninth Circuit- style state-centric decision would be too likely in any of these cases, meaning that marriage equality would reach, in addition to those states where it is already legal: Mississippi, Louisiana, Texas, Oklahoma, Colorado, Kansas, Wyoming, Utah, Virginia, North Carolina, and South Carolina.
posted by MoonOrb at 7:09 PM on February 26 [1 favorite]


You know, things are getting better. The country is becoming more rational. People who deserve rights are getting them. A lot of other things are changing too.
posted by Ironmouth at 7:31 PM on February 26


norm: When I see news like this, my first thought is for the people of the state, and how happy they must be to get good news like this. Makes me smile.

Then I think of the bigots of the state, and how mad they must be getting. And then I smile bigger.

Choke on it, bigots.


Being idealistic or naive, I look forward to bigots coming in contact with open and comfortable gay people, not the lisping, flamboyant bible-burners they imagine, and realizing there was never anything to fear.

Maybe the bigot will be buying a new SUV, talking to the salesman about horsepower and carrying around the family or whatnot, and the salesman responds with all the sales pitch stuff about how the SUV will be the perfect fit for the bigot's family, and without thinking mentions that he wants the same model SUV, but his husband wants something with better gas milage, so the salesman bought his husband the little hybrid and got the SUV for himself, laughing about how they both got what they wanted. The bigot laughs, too, not initially catching the reference to "husband," and buys the SUV. Only when the bigot drives away does it click, and instead of choking on anger, the reality that gay people are normal starts to sink in.

The more gay people can live the normal, dull lives that straight people can, the more bigots will come in contact with normal, dull gay people, and some will start to realize they believed the wrong thing for so long. Like guys who work out in the same gym as Fallon Fox, the first transgender MMA fighter, who changed their views of transgender people thanks to being exposed to Fox and her dedication to the sport.
posted by filthy light thief at 9:12 PM on February 26




not the lisping, flamboyant bible-burners they imagine

But some of us are lisping and flamboyant, and we are just as deserving of rights as 'normal' gays.

We contain multitudes, and our acceptance in society is not predicated on hewing to heteronormative relationship patterns in order to make the bigots more comfortable.
posted by feckless fecal fear mongering at 7:33 AM on February 27 [7 favorites]




Welp, time for bourbon then.
posted by The Whelk at 9:01 AM on February 27 [1 favorite]


But only if the marriage occurs elsewhere, right?
posted by MoonOrb at 9:03 AM on February 27


Yup. Still - can I get a shot down here, please?
posted by rtha at 9:26 AM on February 27


Not so fast. The order is at least 90 days away.
posted by Holy Zarquon's Singing Fish at 9:36 AM on February 27


When was the last time that a court upheld any challenge to one of these laws?
posted by MoonOrb at 9:52 AM on February 27


Kentucky: IT IS HEREBY ORDERED that to the extend K.R.S. 402.055, .020, .040, and .045 and
Section 233A of the Kentucky Constitution act to deny validly married same-sex couples equal
recognition and benefits under Kentucky and federal law, those laws violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and they are void and unenforceable.
posted by roomthreeseventeen at 10:17 AM on February 27


(The judge did allow the intervention of a couple seeking to marry in Kentucky, and set a briefing schedule)
posted by roomthreeseventeen at 10:18 AM on February 27


a literal cowboy from west Texas

I waited a while for someone else to ride this bronc, as it were, thinking the setup too obvous, but I might as well say among the variously actualized cowboys from Texas whom I have known (which for idiosyncratic reasons is more than the average professor), to a one they have been quite

wait for it

poetic.

/rimshot
posted by spitbull at 1:03 PM on February 27


Tucker Carlson says that making businesses bake wedding cakes for gays as well as straight people is fascism.

I don't see how making people bake gay wedding cakes even qualfiies as an ethos.
posted by jonp72 at 1:30 PM on February 27 [3 favorites]


Tucker Carlson says that making businesses bake wedding cakes for gays as well as straight people is fascism.

When the opposition is reduced to just making shit up? That's when you've won.
posted by Mental Wimp at 1:47 PM on February 27


There are 14 other states considering similar legislation.

Won? No. Winning? Maybe, but not before a long, nasty fight with the hatemongers and their apologists.
posted by zombieflanders at 2:03 PM on February 27




Gay marriage opponents don’t know they’re on the wrong side of public opinion
Americans overall don’t realize how widespread support for same-sex marriage has grown -- only 34 percent of the public correctly believe that most of their peers support gay marriage. This is at least partly a function of how rapidly public opinion has shifted. Ten years ago, only 32 percent of Americans supported same-sex marriage, compared to 53 percent in favor today -- a 21-point shift.

But same-sex marriage opponents are unique in the depth of their misunderstanding of the issue. Because they skew strongly conservative and deeply religious, this may be a manifestation of what Andrew Sullivan has termed "epistemic closure." Think of this as an extreme case of confirmation bias -- that tendency of people to filter out information that challenges their beliefs and preconceived notions.

Epistemic closure was most publicly and hilariously on display during Mitt Romney’s 2012 presidential bid, when conservatives "unskewed" the polls to tilt the data in their favor, and the GOP establishment appeared to be blindsided by an electoral result that many independent observers saw coming months earlier.

The PRRI survey data show that among much of the GOP base, epistemic closure is still very much alive and well. And this fact is crucial to understanding the "religious freedom" legislation cropping up in places such as Kansas and Arizona. On the surface, it makes little sense to codify discrimination into law when public opinion has shifted dramatically toward equality and the courts are following suit.

But by and large, this is not the reality same-sex marriage opponents are living in. In their understanding, public opinion is on their side and they are literally only one court ruling, one "religious freedom" victory away from stirring the silent majority into action and turning the marriage equality clock back by about 30 years.
posted by zombieflanders at 5:34 AM on March 4


Kentucky AG bows out of marriage case
Kentucky will hire outside attorneys to appeal a federal judge’s ruling requiring Kentucky to recognize same-sex marriages from outside the state, Gov. Steve Beshear said Tuesday.

His announcement came minutes after a tearful Kentucky Attorney General Jack Conway said his office will not appeal the ruling, calling it a waste of taxpayers’ money.
Conway told reporters he prayed over what to do and decided to put “people over politics.” He added, “I can only say that I’m doing what I think is right.”

Coincidentally, he’s doing what U.S. Attorney General Eric Holder thinks is right, too.

As Adam Serwer reported last week:
Attorney General Eric Holder urged a gathering of state attorneys general Tuesday in Washington not to defend state bans on same-sex marriage.

“We must endeavor – in all of our efforts – to uphold and advance the values that once led our forebears to declare unequivocally that all are created equal and entitled to equal opportunity,” Holder said. “Our ideals are continually advanced as our justice systems – and our Union – are strengthened; and as social science, human experience, legislation, and judicial decisions expand the circle of those who are entitled to the protections and rights enumerated by the Constitution.”
Holder’s guidance was informal – the U.S. Attorney General isn’t in a position to instruct his state counterparts on how (or whether) to defend state laws – but nevertheless helped reinforce the seriousness of the issue.

Before today, according to Matt Apuzzo’s recent reporting, six state attorneys general – all Democrats – have “refused to defend” state bans on same-sex marriage. Kentucky’s Conway today becomes the seventh.
posted by zombieflanders at 10:24 AM on March 4






« Older We “tolerate” mosquitoes. But we should accept...   |   It matters to me Newer »


This thread has been archived and is closed to new comments



Post