“After
careful consideration, and applying the law as it must, this Court holds that
Texas’ prohibition on same-sex marriage conflicts with the United States
Constitution’s guarantees of equal protection and due process. Texas’ current
marriage laws deny homosexual couples the right to marry, and in doing so,
demean their dignity for no legitimate reason. Accordingly, the Court finds
these laws are unconstitutional and hereby grants a preliminary injunction
enjoining Defendants from enforcing Texas’ ban on same-sex marriage.”
That
was the ruling that a federal
district judge for the Western District of Texas based in San Antonio came to at
the end of last month. Judge Garcia based his ruling on the Windsor decision that was
announced back in June 2013.
The
case is pending appeal so all those same-sex couples in Texas don't descend on
the county courthouse quite yet.
The
journey for
these two couples
continue as the case goes before the Fifth Circuit of
Appeals.
This court of appeals is stacked with Reagan and W. Bush ideologues more
conservative leaning with a 10-4 advantage by Republican presidents, 6 of those
appointees were by George W. Bush. There are three vacancies on this court.
Attorney
General Greg Abbott is the Texas Republican Party's nominee for governor and
he is going to fight this decision. While he is well within his capacity to do
so in his role as Texas Attorney General and it will garner him support by his
voting bloc, all this will do is waste taxpayers dollars and delay the
inevitable: Marriage
equality will go nationwide after 2020, if not sooner depending on what more
federal courts say and when it is brought up by the Supreme Court sometime in a
couple of years.
In
May 2011, Gallup discovered that
a majority
of Americans believe that marriages between same-sex couples should be
recognized by law as valid. with the same rights as traditional marriages
(whew... lots of words in that question). After the Windsor decision, Gallup found that if put up
to a national issue
referendum
it would pass 52-43. Most of the support are among self identified liberals,
women, and young people which were key demographics that carried Barack Obama
to victory in 2008 and 2012.
If
Attorney General Greg Abbott and other Republican attorney generals across the
country wish to keep defending the constitutionality of these anti-equality
laws, it will make the Republican Party unelectable in future elections. As
noted above young people support marriage equality. I am currently lumped into
the 18-34 age group which according to the July 2013 Gallup poll supports
same-sex marriage 69-27. The 35-54 age group supports it 52-44. What do you
think will happen when all those 18-34 people enter in the new age demographic?
It will likely go up. And then there is the issue of those in the 17 and under
demographic that are not being polled. How many of those in that age group are
being raised by same-sex couples, have friends that are gay, or have a LGBT
family member and how many are going to start influencing public opinion on
this subject once they turn 18?
I
might have said this in other posts, but it is worth repeating again. I had a
conversation with a cousin who turns 16 this coming August and we share a
common family member who is LGBT. I told him (and these are my exact words)
that "the demonization of gay people is not longer a popular
position." Any group, like say a political party, keeps up their efforts
to make the lives of LGBT persons difficult risk this phrase that was
popularized by the British Labour Party in 1983: political suicide.
17
states plus DC have equalized marriage, Colorado, Oregon, and Nevada have civil
unions, and federal judges in Utah, Oklahoma, Kentucky, and now Texas have
ruled their respective state bans on same-sex marriages as unconstitutional.
Rachel
Maddow said it best on Meet The Press the Sunday
after the Windsor decision about what this is really about.
"I mean, gay people exist. There’s
nothing we can do in public policy can do to make more of us exist or less of
us exist. And you guys for a generation have argued that public policy ought to
demean gay people as a way of expressing disapproval of the fact that we exist.
But you don’t make any less of us exist, you are just arguing for more
discrimination. And more discrimination doesn’t make straight people’s lives
any better."
-
Rachel Maddow, 30 June 2013
Republicans
can continue to ignore reality of what the polls and courts are saying on this
subject. Just because you ignore the issue does not mean it will disappear.
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