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BREAKING: Texas Judge: Ban On Gay Marriage Unconstitutional

by David Badash on October 1, 2009

in Civil Rights,Legal Issues,Marriage,News

Post image for BREAKING: Texas Judge: Ban On Gay Marriage Unconstitutional

A Dallas, Texas state district judge will hear the case of a same sex couple who have filed for divorce. The state’s attorney general had argued that since Texas doesn’t allow same sex marriage, it cannot allow same sex divorce.

The judge disagreed.

Via The Dallas Morning News:

“…Dallas state District Judge Tena Callahan ruled Thursday that the state’s bans on same-sex marriage violates the constitutional guarantee to equal protection under the law.”

The attorney general will be appealing the ruling.

(h/t @Blabbeando)


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{ 114 comments }

Jeff H October 2, 2009 at 11:42 am

I've been married for over 20 years, and if any other couple wants to make that commitment, it doesn't effect the strengths or nature of my relationship with my wife. If that violates your mental health, seek therapy.

Guest October 2, 2009 at 3:40 pm

Moron, cows and ghosts do not have the legal constitutional rights. They also do not have legal right to consent to marriage, just as children under 18 do not.

No one is forcing you to marry someone you don't want to. And you have no right to deny others they choice to be married. Your blessed sanction of marriage probably stems from the church, which is fine in your case. The government and many other people have no religion. Our government is based on law – equally for all – not your beliefs.

Sorry if logic is causing you cerebral hemorrhaging. Take a Tylenol.

David October 2, 2009 at 3:41 pm

"..the Blessed Sanction of Marriage…" was started by the Romans to ensure the classes of citizens didn't intermingle. At the time, these rules were put in places by governing churches because the Government could always claim divine right to do so (God is telling us to do this!). Having a church recognize your marriage and having the government recognize your marriage is now two distinctly different procedures. You do not need to get married in a church, by a priest in order for the gov't to recognize your marriage. Vegas has drive-through "chapels" were a justice of the peace can marry you in less than 10 minutes – and that is 100% legal in the eyes of the government.

Every citizen in this country is guaranteed the rights of our constitution. Equal protection under the law means that a gay man and a straight man are treated the same – and marriage is a legal binding… legal as in law… law as in rights. Do you get the connection yet?

Devon October 2, 2009 at 3:42 pm

It's hard to argue with someone who doesn't even understand basic grammar and word use. First off, it's "sanctity" of marriage, not the "santuary." Cows and ghosts do not pay taxes, therefore, they don't have rights and are not covered under the Constitution. And that's as far as I'm going to go because your ignorance is mind blowing. No one is belittling your beliefs by wanting to marry someone they love.

Andrew October 2, 2009 at 3:45 pm

Marrying a ghost or a cow? lol come on Jim. If you're going to try to argue something then at least keep it within reason. Whether you are heterosexual, homosexual, black or white we are all human beings and we all have the right to be treated the same…with dignity and respect. I am a heterosexual Catholic male and I see nothing wrong with two people of the same sex being joined together in marriage if they so choose to be that is their right. It is also your right to speak your mind…but here is a piece of advice, please don't be ignorant and compare these people to cattle or ghosts. Mocking people takes all credibility from your opinion and makes you sound like an ass.

Bill October 2, 2009 at 3:51 pm

I don't think you understand the Texas law. It prohibits any form of rights given to married people being given to those of opposite sex. In other words, even if you call it something different, gays are deprived of the rights that hetero couples have. There is a legal agreement called marriage, which is entwined with the church meaning of marriage. These should be decoupled (pun intended) and made into two seperate things, and the legal side of it should be available to gays. To not do so is against the U.S. constitutional protection of equal rights. Either abandon the concept of legal unions for all, or allow it for gays.

reishka October 2, 2009 at 4:37 pm

Really? The sanctity of marriage?

What about all of those who divorce? What about those that cheat – commit adultery, what about prostitutes? Are they not desecrating the sanctity of marriage? What about those that kill their spouses, or otherwise abuse them (mentally or physically)? Or what about those that are barren of children, voluntarily or otherwise? Where are they in protecting the sanctity of marriage? Why are they allowed to marry, and yet people of the same sex cannot?

Do the people that engage in those actions value their marriage any more, while beating their spouses or cheating on them, then do two same-gendered people in a loving relationship that support and care for each other? Please, if you have an answer to that then please speak up. I'd love to hear your rationale.

There will be a crusade until gay people are offered the same rights as straight people, just as there was a crusade for the black people until THEY were granted the same rights as white people in this country. Until people understand that we all are granted EQUAL RIGHTS under our constitution and until we all have attained those equal rights, you better damn well believe there will be a crusade. Injustice is injustice and will not be tolerated.

Relaxed October 2, 2009 at 5:20 pm

Cows and ghosts can't sign a marriage license. No one is forcing you to get married to someone of the same sex. Simmer down now.

Anthony October 2, 2009 at 5:46 pm

The bible contains 6 admonishements to homosexuals and 362 to heterosexuals. This doesn't mean that god hates heterosexuals; it's just that they need more supervision…

naturelover October 2, 2009 at 6:03 pm

To answer the one question you had that no one else has addressed, when a couple, be it heterosexual or homosexual, has been together for years, all their finances are intertwined. The equal protection under the law would allow for their legal severance of all their finances so they do not ruin each other's credit. Aside from that, I agree with the majority on all the other issues addressed in these replies.

Tony October 2, 2009 at 6:08 pm

"Besides forcing your selves upon me, which you should know is not cool.. Carry on with your crusade, by all means.. just don't belittle others beliefs & rights while you… while your crusading"

So you ask someone to not force their idea of marriage upon you, yet you want to force your ideal of marriage on them. Hmmm..pot calling the kettle black?

Why do we care anyways? Why would you care if people are of the same sex and living across the street from you. Are you fearful that there is going to be a kicked in door with half dressed gay men or butch looking women there to have a gathering on your living room floor?

What Are YOU Afraid of?

I have tons of friends that are both gay, trans-gender and straight. Yet, I'm secure in myself as a hetero man that is, wait yes…MARRIED to a woman. That love is being shown, not what the color of your skin is, not how much money you have, or if your the same sex or not. Just seeing two people that love each other in general is a beautiful thing.

Look, I'm not saying that if you went to the local mall and there was a gay pride parade with over the top actions of the people in it to just get a rise out of the "regular" non gay or lesbian people there is cool. It wouldnt be.

So, stop feeling threatened in some way by something you know nothing about. I would suggest sitting down with a gay person, a man and talking to them. I mean really talking, ask them when they first felt this way, some of their choices. Most of all LISTEN.

Its easy to see ugliness in the world when wearing foggy glasses. Try taking them off and seeing something different.

Sam October 2, 2009 at 7:04 pm

"Your joining, mating, contract to be faithful to one another, knowlege that your taken & l;oved by someone."
Are you saying that a gay couple can't join, mate, or be faith to one another? or be 'taken' and loved by someone?

Make up names? Birthrights? How about the birthright of EQUALITY?

"The judge says it violates the consitutional guarantee to equal protection under the law. What protection is being violated?"
Oh, and banning gay marriage isn't violating equal rights protection?

Oh, I'm sorry you don't like the fact that people, the law, and lawmakers, are causing you to think. I'm pretty sure raising a stink about something that doesn't apply to you or your marriage directly is more violating of your mental health.

What the hell. We're not forcing ourselves on you. The law is being revised and enforced. And I'm pretty sure a crusade goes against law, and is more like what you and people like you are doing, by bashing gay marriage in the first place.

And, furthermore, what's so peaceful about bashing something you don't believe in or want, when it has NOTHING to do with you.

Jason October 2, 2009 at 7:49 pm

If homosexuals are not granted the equality to get married, should they have to pay the same, equal taxes as heterosexuals?

mickey733 October 2, 2009 at 8:24 pm

marriage has no dignity… especially since divorce rates are higher than marriage rates… you need to solve that first level problem before worrying about the nitty gritty

Ravosava October 2, 2009 at 9:10 pm

The institution and sanctity of marriage is tromped on every minute when heterosexual couples who have pledge their love and fidelity get divorced. Marriage was designed as a bond between two people who love each other. What does it really matter to you if those people are both men or both women. Marrying a cow is not the same as marrying another human being. In a homosexual relationship, both parties are free-thinking, free-willed, and consenting adults! You can't compare the two! To do so is imbecilic! When two gay men or gay women get married, does it somehow make the vows you made to your spouse any less meaningful? Do you love your spouse any less? No. They have the right to make those same vows to their significant others. They are not forcing YOU to marry someone of the same sex. They aren't forcing anything on you. You're the only one ramming things into yourself. Bigotry is the biggest kind of "stinking thinking" there is!

mistercrispy October 2, 2009 at 10:18 pm

Oh shut up jimoerike. Marriage used to be a way to transfer MATERIAL POSSESSIONS, of which the woman was considered one. It was a transfer of ownership of the female from the father to the husband. Marriage has changed so many times over the years, you haven't a clue of what you speak. The only people who are a threat to the sanctity of marriage are straight couples who get married and treat the institution like a lark. Or do you consider that 50% FAILURE rate to be a-okay? THAT is a violation of the sanctity of marriage, and it's committed solely 100% by heterosexuals. DAILY. Idiot.

ChrisB October 3, 2009 at 12:04 am

I think it's wonderful that a person of foreign extraction is making such heroic efforts to learn and use the English language, however you might want to check spelling on "intitution" and "santuary" (I believe you mean institution and sanctity, as sanctuary is a place, not a concept). The word "your" is possessive, where as the contraction "you're" is another way of saying "you are." Also, it is helpful to remember that an ellipsis (…) does not indicate a pause, but the omission of information from a quotation or the truncation of a sentence.

Nikki October 3, 2009 at 1:43 am

Marriage, as a religious institution, should not be sanctioned by the government at all. Your marriage as "sacred" is clearly based in your belief, and that should not be an issue of law, due to separation of church and state. I agree with you, we should call it something else, civil union or whatever. But what the state does should not be called marriage, so as to stop all the whining.

mattroy October 3, 2009 at 2:47 am

Wow, talk about e knee-jerk rant. How can one who has the largest paragraph yet complain that others are forcing themselves on you jimo. SNL would have a field day with your grammar, and you have some great one liners like 'causing stinking thinking'. This is what happens when people let alcohol mix with the internets; my problem is not that you're too drunk to make any sense, it's that you'll sober up and go to a voting booth.

Cassi H. October 3, 2009 at 3:33 am

In what way are you personally affected by the marriage of anyone else? How are cattle or ghosts comparable to a human being, or even relevant? How is marriage being purely heterosexual a birthright?

You claim that people are forcing their opinions on you and belittling your beliefs and rights–it seems to me that all the belittling and opinion forcing is coming from you. How someone can ramble on for a paragraph without making sense at all is beyond me. None of your arguments are even remotely logical.

It's small-minded people that cause problems in the world, not same-sex couples that make the decision to marry.

Brian Lund October 28, 2009 at 1:21 am

What an ass!

Brian Lund October 28, 2009 at 1:25 am

Jim, if you were married to a woman who you thought was fat as a cow, would you call that bestiality?

nathan April 27, 2010 at 11:37 pm

are you kidding? elizabeth taylor is getting married for the 9th time! look at britney spears! dignity? first cousins can marry and that is dignified? hahah "marriage" in general is a joke. wether man or woman, black or white, gay or straight, the majority of people are unfaithful or can't succeed at a "marriage". step off your soap box and wake the hell up. by-the-way, and i just feel that you are such a poor excuse of a man. why is it that you are so uncomfortable? how is it directly effecting you? your insecurities and ignorance are effecting more people than their genetic make up is effecting you.

Imprtnrd October 2, 2009 at 1:17 pm

Right you are Jeff! There is NO aruguement at all that a
STR8 person can tell how a same sex married couple would effect their own marriage! Kudos for you and your wife!

Fuiru October 2, 2009 at 4:27 pm

My God, you're an ignorant fool. "Gays are mentally damaged"? Methinks this guy doth protest too much.

Not Alex October 2, 2009 at 4:55 pm

Vegetarians are mentally challenged too. And people who think the theory of evolution has good explanatory power. And people who drive hybrids. None of them should be able to marry, since their choices demonstrate insufficient capacity to understand the true way–my way.

And people who like pecan pie. They, too, are mentally challenged. (What kind of normal person wants nuts in his pie?!) I think we should institute an cherry pie oath: only those who prefer to eat cherry pie should be permitted to marry.

In fact, no one except those in my family really has a working brain. We are the only ones who should be allowed to marry. Well, us and ghosts. I'm still a little confused about the question of steer.

Tony October 2, 2009 at 6:14 pm

So from what you posted you like to have sex with animals and your "normal" ok, thats cool. That floats your boat. Once again. Why do I care what you do. I mean, yeah if you in the middle of an intersection in stockings and heels going at it with a Sheep on all fours. Ok, that would be weird and wrong. You need to be at home to do that. But, if your at home and the Sheep is consenting then why do I care?

Your mom October 3, 2009 at 10:05 pm

Mother Fucker. Listen.. Some gays dont say shit. Straight PEOPLE are the fuckers who point out if your gay or not reguardless of any public affection or what not. Gays are always harrassed by you people and even killed for no reason. WHY DOES IT BOTHER YOU IF WERE IN LOVE WITH SOMEONE? It doesnt bother me that youre in love with whoever you want to fucking fall in love with. I hope your children turn out gay. SINCE IM GAY OBVIOUSLY I HAVE SOME SORT OF METAL PROBLEM??..Im passing it on to your future fucking child. watch its a fucking curse on your ass you ignorant fool. stupid ass.
Straight people make out and grab eachother all the time and it doesnt bother us..so fucking let us live and be whoever the fuck we want to be. If youre a doctor then be one… I DONT RUN YOUR LIFE AND YOU STILL ATTEMPT TO RUN OURS.

Person April 2, 2010 at 1:55 am

Dude, nobody cares but you. If you don't want to think about gay rights, then don't come to articles about said rights or a lack thereof.

marriedmyman August 25, 2010 at 5:42 pm

the only one mentally damaged here is you

tony October 2, 2009 at 4:28 pm

Agreed.

Richard Bramley October 2, 2009 at 4:45 pm

wow – are you okay? you logic seemed to take a few swerves there? and to be pretty blunt about it – who says you are right? the giant, imaginary source of truth that supposedly makes you right? grow up, open your mind and stopp trying to dumb the world down to your level…

Mr. Funkhouser October 2, 2009 at 5:50 pm

Really? Where does it say that the government recognizing and giving benefits to a specific group of people (it deems worth of said benefits) is a basic human right?

All men were created equally and endowed by their CREATOR (a part most people ignore) with certain unalienable rights and among these are life (the ability to be born without being murdered – anti abortion – amongst being able to live and not be murdered by your government), Liberty (the ability to choose to live your life as you see fit without hurting others, this doesn't mean it has to be accepted, or promoted by the government, it does however lean towards the abolition of major taxes), and the pursuit of happiness. Meaning, it's the government's responsibility to ensure that you have the ability to Pursue happiness, Happiness is not a right.

Alex October 2, 2009 at 6:30 pm

I like how you talk about animals and then call him an ass, that's funny!

bayberuth October 2, 2009 at 6:48 pm

The logic appears perfectly fine to me and my IQ is in the 170's, I don't see any errors in his argument path. You're defense on the other hand is one of opinion and perception, which holds no water my friend.

Grow up? Dumbing down the world? Imaginary? Typical responses of fear delivered in an insulting or degrading manner to reaffirm one's internal superiority to patch their personal bubble because they're afraid of change. Most of societies constituents play follow the leader because of their internal feelings if social inadequacy and strive to fit the given mold as close to 100% as possible to prove their worth. Who sets this mold? Why follow them? Why spend one's life idolizing a life outline that someone else wrote to internally justify one's actions and worth of being? Imaginary? Who said having a wife and kids living in the 'burbs with a white picket fence is right? Who decided the neck tie is the end all be all of proper dress for a man? Tradition.

Tradition and societies sense of comfort following tradition because it's what they've grown up knowing and people flat out are uncomfortable with and hate change. Tradition 50 years ago said Black people had to go to different schools, drink from different fountains, and ride in a different part of the bus. Why? Because people grew up knowing that to be just how it was. Was it right? Did society fight it? Were the same excuses given back then about Blacks and Whites inter-marring?

People need to just stop being afraid and jealous of others that are strong enough dance to their own tune instead of the just music they've been taught. The only part of the original argument that held any merit is that marrying a cow, or a horse, or a tree would degrade from what marriage is and it being a standard. Otherwise, everything else listed about what a marriage is, emotions, feelings, love, etc are all no differently expressed between a man and woman, man and man, or woman and woman. So unless you believe that a person being gay makes them less than human, There's no original argument either. Marriage today between a man and a woman has become a joke of a sanctity and is nothing more than a tax shelter. These people are so dedicated that they're going to these extremes to fight the government, society, legal system, religion, etc. They are actually displaying what marriage is about in their devotion and dedication to express/prove to their loved ones how important they are.

If you're argument comes from a Bible, Torah, or any other religious book, then maybe you've forgotten that the U.S. Constitution is based on the concept of the SEPARATION of Church and State. If Marriage is based on Religion, then the Government according to law needs to stay out of it, and if marriage is based on law, then it needs to be equally available to every person within the boundaries of this country. If you want to defend your government with the Bible, then you need to move to another country and do so, like the Middle East, where Religion and Government work together. Otherwise, follow the foundation of our great Nation and respect the rights of every person that lives here, and mind your own business. If it bothers you that much, then just move out of the U.S. If you enjoy your freedom here, then you must respect everyone else's as well. It's a two way street, PERIOD!

Justin October 2, 2009 at 7:41 pm

YES LETS JUST KILL ANYONE WHOS NOT A WHITE CHRISTIAN THEYRE ALL BAD PEOPLE

fucktard

PERSON April 2, 2010 at 1:50 am

KILL ALL THE FUCKING HETEROS

Bob May 28, 2010 at 6:16 pm

YOU SUCK!!!!!

marriedmyman August 25, 2010 at 5:42 pm

c'mon then you gutless wonder

Robert October 2, 2009 at 7:56 pm

Amen!

ravosava October 2, 2009 at 9:15 pm

Wonderful!

jamie October 2, 2009 at 10:13 pm

I can't even read past the first paragraph. In response to "You're defense on the other hand is one of opinion and perception, which holds no water my friend." You're = you are… your = possessive

IQ of 170… I seriously doubt that!

ravosava October 2, 2009 at 9:20 pm

Don't feed the trolls!

fill October 2, 2009 at 9:55 pm

your pun sucks, would have been better if it wasn't intended

bayberuth October 3, 2009 at 7:38 am

Actually, yes. 173 according to the last test a while back. However, one being on their high horse when provoked by a defense lacking in actual intelligence, one tends to overlook a petty detail here or there. You are correct, I did use the incorrect possessive form of you're, good call out. I however, never claimed to be perfect. I can easily accept a mistake, however, if that's honestly the best that you have against my argument then let's look at the whole package.

Now would you like to get into a discussion of the mapping of the human brain, or rather how about some conversation on the topic of dark matter being beyond our detection and how it fills what we consider "space" because we think it's empty, or your theories on it's effects on the solar plane of celestial systems and their orbits? Maybe a combination of your mathematical theory on the missing element of the gravity equation and how pressure applied from space matter would exert a yet un-calculated force….. yadda yadda yadda, did I lose you yet. Seriously, a grammatical error is what I'm called out on?! How far did the title of this article fly over your head if that's what you paid attention to? Let's stop homosexuals from marrying because I used the incorrect form of the conjunction you and are. Seriously people….

bayberuth October 3, 2009 at 8:03 am

Would you like me to grammatically grade this commentary as well? That I incorrectly referred to the conjunction "you're" as a possessive. How about the non question mark after "did I lose you yet." that I purposely didn't include for effect and it being rhetorical; adding in frustration of misplaced arrogance of the responder of which I am responding to that lacked the ability to retain continuity of the actual argument at hand by throwing up a petty mistake as a smoke screen and the only reason for dis accreditation?

Dave October 3, 2009 at 8:51 am

I agree with your original points, but please proofread. You're allowed a mistake here or there, but that last grouping of words is not a sentence (I've read it three times). Also, stating your IQ will only serve to discredit you, since it makes it sound as if you don't think your argument can stand on it's own merits.

This is not an isolated incident, since this (from your original post) is also not a sentence: "Tradition and societies sense of comfort following tradition because it's what they've grown up knowing and people flat out are uncomfortable with and hate change." Keep thinking and improving,

Dave

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