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Thursday, October 1, 2009

Gay Marriage Ban Struck Down...

Posted by on Thu, Oct 1, 2009 at 5:05 PM

in TEXAS.

In a first for Texas and a sweeping rejection of the state’s ban on gay marriage, a judge has cleared the way for two gay Dallas men to divorce. A voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions. And the Texas attorney general had intervened in the two men’s divorce case, arguing that since a gay marriage isn’t recognized in Texas, a Texas court can’t dissolve one through divorce.

But 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. She denied the attorney general’s intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."

Texas Attorney General Greg Abbott has vowed to appeal... because if these two men are allowed to divorce... if they end their gay marriage... that will undermine traditional marriage in Texas... because the existence of gay marriage is a threat traditional marriage... which is why these guys must stay gay married to each other.

See how that works?

 

Comments (47) RSS

Oldest First Unregistered On Registered On Add a comment
Joe Szilagyi 1
YEE HAW!

Wait, what? It's October 1st, not April 1st...??!
Posted by Joe Szilagyi http://www.joeszilagyi.com on October 1, 2009 at 5:07 PM
Vince 2
Turds are bigger in Texas.
Posted by Vince on October 1, 2009 at 5:10 PM
3
Hook 'em horns! Woot!
Posted by Providence on October 1, 2009 at 5:11 PM
Will in Seattle 4
Woo Hoo!

On behalf of all native-born Texans on SLOG let me also say: Yee Haw! That's good news there, pardner!
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 1, 2009 at 5:13 PM
Andy_Squirrel 5
laws are hilarious, that is why we must break them
Posted by Andy_Squirrel on October 1, 2009 at 5:23 PM
treacle 6
Brilliant. Hoist upon their own petard, er, retard!
Posted by treacle on October 1, 2009 at 5:24 PM
kim in portland 7
Funny.
Posted by kim in portland http://www.oregonlive.com/portland/index.ssf/2010/11/fast-paced_video_provides_a_fu.html on October 1, 2009 at 5:33 PM
Theo Magyar 8
And the walls came tumbling down .....
Posted by Theo Magyar http://connexionsandcontradictions.blogspot.com/ on October 1, 2009 at 5:46 PM
9

Don't mess with Gay Texas.

Posted by Bud on October 1, 2009 at 5:55 PM
Loveschild 10
If they no longer want to be together then why do they need to drag this into the courts in a state that does not sanction homosexual marriage? Why not go back where they got their relation recognized and get it taken care of there? Cause it is there that their union is recognized and not in TX. Unless what they're really after is activism by wanting to open up the doors thru litigation (as has always been done by the activists) for gay marriage and not a divorce.

I'm confident that the judicial system in TX will override the wishes of one activist judge who wants to make law above the will of the people and the legislature of the state.
Posted by Loveschild http://www.samaritanspurse.org/index.php/articles/responding_to_haiti_earthquake/ on October 1, 2009 at 6:04 PM
Baconcat 11
HOLY FUCKING SHIT.

HOLY SHIT.

Dude, what the-- holy shit.

I hated Dallas before, being from San Antonio and all, but... holy shit.
Posted by Baconcat on October 1, 2009 at 6:06 PM
12
Loveschild, you're such an idiot.

People get divorced where they live--that's the court that has jurisdiction. Not where they got married. The state of Texas can just as easily dissolve a marriage originated in Iowa (regardless of whether it is a same-sex couple or a heterosexual couple) as one from its own state. Why should any couple--let alone JUST same-sex couples--have to move back to another state or hire long-distance attorneys to get a divorce?

There are lots of opportunities for adult education classes out there. So please, get a GED and some perspective. Or, maybe it would be easier to take a shop class and skip the safety portion. The world would be a better place if you either had a brain or had no fingers. One or the other.
Posted by lily on October 1, 2009 at 6:12 PM
Baconcat 13
@10: No, they wanted a divorce, that's all.

Looks like the judge moved on the grounds of Article I, Section 3 of the Texas State Constitution:

Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
Posted by Baconcat on October 1, 2009 at 6:13 PM
Steven Bradford 14
Prediction: Fastest passage of a constitutional amendment in Texas, ever.
Posted by Steven Bradford http://www.seanet.com/~bradford/ on October 1, 2009 at 6:25 PM
Sargon Bighorn 15
Loveschild you know as well as the next idiot that if it were not for "Active Judges" women would still be unable to own property, vote, work outside the home, or get credit. And because of "Activist Judges" radical religious extremists are allowed to try and deny other Americans civil rights they themselves enjoy. And because of "Activist Judges" couples who get married outside the state of Texas are allowed to petition for a divorce in Texas, which the Federal Constitution (that nasty document huh? Loveschild) allows for.

It's refreshing to see a judge follow the letter of the law and not interpret it in some way to do harm to America and selected minority citizens. Hope for a victory on the side of justice and sad to say a D-I-V-O-R-C-E (country style).
Posted by Sargon Bighorn on October 1, 2009 at 6:26 PM
Baconcat 16
@14: They already have one, Article I, Section 32 of the constitution.
Posted by Baconcat on October 1, 2009 at 6:29 PM
Chef Thunder 17
OMG next dogs will be able to divorce their people, abused children will be able to divorce their pedophiles and polygamist may end up with only one wife!

IT IS THE END OF HOLY MATRIMONY AS WE KNOW IT!

p.s. if you are not registered to vote you only have until Oct. 3rd! Go to http://wei.secstate.wa.gov/osos/en/voter… to register.
Posted by Chef Thunder on October 1, 2009 at 6:35 PM
Knat 18
Great irony in that article. Great find, Dan.

And I don't know if someone has already mentioned this earlier in the comments (I raced to the bottom to post this), but since we're talking about gay marriage it seems pertinent. Over at the HuffPost, you'll find an article that pretty clearly points out that Rick "Frothy Mixture" Santorum always adds something else to the string when he googles himself. And the writer of the article even points it out!
Posted by Knat on October 1, 2009 at 6:40 PM
Loveschild 19
The Texas Constitutional amendment to ban homosexual marriage was approved 21-8, it was thoroughly debated and the overwhelming majority of the people are in favor of it. Hospital visitations are not denied, private contracts between individuals are not denied nor are benefits from insurances, so it is very clear what these individuals are after here. This latest attempt is nothing short of an affront to the people of Texas. And I know that a God fearing state like mine will make its voice heard and this will be reversed. I know that just as he has done before, our God will dwarf the forces that are wanting to attack the family at this new front.

And Bacon, no one is forbidding homosexuals to engage in whatever they want or impeding their movements. That's why the pair that's now trying to do away with the state law were able to travel and get gay married in the country or in the state that they did. So your argument doesn't hold water.
Posted by Loveschild http://www.samaritanspurse.org/index.php/articles/responding_to_haiti_earthquake/ on October 1, 2009 at 6:42 PM
Reverse Polarity 20
Brilliant Loveschild. My parents weren't even married in this country, much less this state. By your logic, if they ever decided they wanted a divorce, they'd have to leave the country to do it.
Posted by Reverse Polarity on October 1, 2009 at 6:45 PM
Knat 21
@19: I'm now understanding why so many people can't stand you. I've spent more time on Slog today than I think I have in total since I created my profile, and now I'm one of them. On that note, you realize how incredibly stupid you sound when you refer to someone getting "gay married", right? Or how impotent you come off as when you are beseeching your version of Zeus to smite them?

No, I suppose you don't.
Posted by Knat on October 1, 2009 at 6:50 PM
22
@19 --"This latest attempt is nothing short of an affront to the people of Texas." -- Last I checked I was a person, and living in Texas, and I'm not affronted at all.
Posted by H-Towner on October 1, 2009 at 6:54 PM
23
Loveschild misses one important point about divorce -- in order to get a divorce in nearly all states one person of the couple has to be a resident of that state for some minimum period -- sometimes it's only six weeks, in some places it's as long as a year; there is no such requirement for marriage in any state that I know of -- if marriage is legal about the only requirement is waiting three days between applying for the license and finalizing the union, and that varies form place to place. Even Nevada, famous for drive-in wedding chapels, requires a residency period before a divorce can even be brought into court. If these two men got married in a state with residential requirement for divorce but not for marriage, is one of them supposed to quit his job and move to wherever for however long so that they can divorce? Are both of them supposed to do that? God doesn't come into it.
Posted by Calpete on October 1, 2009 at 6:55 PM
very bad homo 24
Loveschild, gay people will have their rights very soon. It's long overdue, and you can't stop it from happening. We will be able to marry and divorce just like normal people do every day, and the world will not end.
Posted by very bad homo on October 1, 2009 at 6:58 PM
Keister Button 25
I have never understood why divorced heterosexuals are against gay marriage. Marriage can't be that big a sacrament or commitment if any couple, gay or straight, can have it dissolved at will. Please yes, fight for the equal rights of spending thousands in lawyers' fees and court costs and hours in mediation, and more time and money drafting up alimony arrangements and custodial agreements if you have children during your marriage. The lawyers would like to upgrade their Lexuses.
Posted by Keister Button on October 1, 2009 at 7:00 PM
Loveschild 26
21 The only stupid thing is for one activist judge (one) to disrespect the will of seventy six percent of the Texas electorate in a matter that was resolved by them four years ago.
Posted by Loveschild http://www.samaritanspurse.org/index.php/articles/responding_to_haiti_earthquake/ on October 1, 2009 at 7:00 PM
Baconcat 27
@19: Nothing short of an affront? Attempt? Shush your mouth, this is two guys who want to get divorced. The constitution of the state itself mentions that all social compacts shall not be infringed upon, and makes all compacts duly portable from state to state.

They shouldn't leave the state, they're Texans. They went to Massachusetts for work apparently, got married, moved back to Texas when their situation changed. Have you ever stopped to think that maybe God guides people to do things greater than themselves? They repeatedly stated they just wanted a divorce, they didn't want to change things, but this case became bigger than them.

And how, again, are we attacking YOUR family or ANY family by wanting the rights we justly deserve as family units unto ourselves? You've NEVER made a case for such a thing, just that there's "tradition" when the government is not in place to validate any tradition, only protect the people. How do we violate your rights? How do we infringe upon your livelihood? How do we insult you?

Don't conflate an ideal with reality, dear. If laws were founded on tradition and ideals such as you're proposing, we'd be mired in a cesspool of anti-religious sentiment. You have anabaptists preaching the baptists to hell, catholics condemning everyone to purgatory, pentacostals attacking catholics and lutherans, presbyterians hating calvinists... whoever had the most power would certainly be writing laws on their religious beliefs, don't you think? You know, like when Elizabeth I killed a bunch of people? Or Bloody Mary? Or about a bazillion Spanish monarchs burning people? The great inquisition? Or how about our last great christian-led genocide: the holocaust.

And darlin', you flapping your gums about what Texans want simply ignores our proud tradition of live and let live. A majority may have approved a ban, but does that same number still want that ban? Will it stand the test of time? Having a Gay-Straight Alliance in my High School in the 90s says no. Having the Mayor of San Antonio riding in the pride parade says no. Dallas almost electing a gay mayor says no.

Your brain is about as full as a Dodo farm.
More...
Posted by Baconcat on October 1, 2009 at 7:10 PM
John M 28
Loveschild, you aren't even trying anymore...

"The only stupid thing is for one activist judge (one) to disrespect the will of seventy six percent of the Texas electorate in a matter that was resolved by them four years ago."

You are wrong. This isn't a matter of opinion or belief, it is fact that it is the judges duty and responsibility to ignore the will of any number of electorate votes if it is in conflict with the constitution. I'm sorry but no one with even a basic understanding of how our government works can make a true or logical argument that it is not a judges duty and responsibility to reconcile the constitutionality of laws and to suggest otherwise is unfathomable chilling.

Sorry but you are factually wrong on this matter and if you can't understand that you are wrong on this you should view it as yet another sign that you are possibly not mentally well because you have lost the ability tell recognize fact over your own beliefs.
Posted by John M on October 1, 2009 at 7:30 PM
Heather 29
They probably think this is more serious than executing an innocent man.
Posted by Heather on October 1, 2009 at 7:46 PM
30
Like Loveschild, I have no doubt Texas will find a way to override its judiciary and find ways to express animosity to gays and lesbians. Its a state with very little respect for human rights.
Posted by RDM on October 1, 2009 at 8:45 PM
baconpussy 31
Article XXI, Section 4 of my dodo farm charter states:

"I will post on every thread."

Thank you.
Posted by baconpussy on October 1, 2009 at 8:58 PM
Baconcat 32
@31: OMFG, yes, stalker!

I love it :D
Posted by Baconcat on October 1, 2009 at 10:43 PM
baconpussy 33
@32: don't flatter yourself. I'm not stalking you. You're right here...I don't need to exert any effort to find or follow you.

I'm here merely to draw attention to your anxious shtick.
Posted by baconpussy on October 1, 2009 at 11:08 PM
34
Pretty sure a state judge can't overrule a state constitutional amendment because of the federal constitution, a federal judge would have to do that (they won't)
Posted by Reader1 on October 1, 2009 at 11:32 PM
35
@32: Congratulations.
Posted by Ackham on October 2, 2009 at 12:15 AM
36
Loveschild:

Fuck your godfearing state. I hope for the apocalypse every day so that stupid people like you can drown while the rest of us head for the hills. I am surprised that more people do not kill each other every day, because they would if they realized the majority of people are stupid. Like you.

A lot of stupid people don't vote. A lot of them are really busy shooting each other in other places, or being convinced to shoot by people who think that's an acceptable way to live. Those are stupid educated people, like Osama Bin Ladin and Dick Cheney. You may be under the same illusion they are.

I think a natural disaster would be faster and more effective than warfare. In fact, you're all so fucking stupid that if all the smart people got together and got a newscast out that claimed a meteor was going hit you and the end of the world was coming, you would probably all just lie down with paper bags in your heads. And then we could take you all out very easily, and improve society, colonize other planets and be wildly successful as a species.

So really, in the greater context of things, no, nobody gives a shit about the great state of Texas. We don't respect the will of the people, because frankly, Texas has more stupid people in it than most places in the country.

Don't worry. We'll put a windfarm in after you're gone.
Posted by stilettov on October 2, 2009 at 12:40 AM
37
Actually, those paper bags would probably be on your heads, but the idea of them in your heads in the metaphorical sense isn't too far off base. Actually, if I'm following the "you're stupid glorified white trash vein" I would be more accurate by whittling the whole insult down to "your brains are made of plastic" but then the whole comedy of the thing gets lost in the stream of consciousness. I'm smoking a bowl, Loveschild, I'm dedicating it to you, because you have allowed me to practice jerking my ego off all over your face. Cheers!
Posted by stilettov on October 2, 2009 at 1:48 AM
MythicFox 38
@17: I want to hug you for making me smile.
Posted by MythicFox on October 2, 2009 at 3:26 AM
Rob in Baltimore 39
Loveschild, I know a lot goes over your head, but 70%, or even 99.9% for that matter, of the electorate cannot vote to make a minority lesser citizens. Also, if it were not for an activist judges, African-Americans would still be riding on the back of the bus, and interracial marriage would still be banned. Funny how, in your sad, warped mind, judges are only activists when they rule against your hateful way of thinking. When they're bestowing rights to folks like you, against the will of the electorate, they're peachy keen.

You're losing.
Posted by Rob in Baltimore http://www.wishbookweb.com/ on October 2, 2009 at 5:16 AM
Baconcat 40
@33: Hey, call it what you will-- it's still a pretty awesome homage. I should help you craft a better interpretation of me, too! I have to point out that I rarely say I "post" here, I "comment" or "reply". You might also want to change your icon to something a little more cheesy since I don't really care for the puss all that much.

Good luck on this excellent use of your time, I hope you enjoy your Being John Malkovich moment. :)
Posted by Baconcat on October 2, 2009 at 6:54 AM
Baconcat 41
Here, let me help since I can't copy/paste links too easily during the afternoon when I'm reading Slog from my phone: http://images.google.com/images?hl=en&cl…
Posted by Baconcat on October 2, 2009 at 6:58 AM
nb 42
Let's think about this from a practical point of view, Loveschild... If the "homosexuals" cannot get divorced, how can we ever hope that they will be cured of their affliction?

I'm pretty sure 12 has it, as in they can't get divorced unless they are residents.
Posted by nb on October 2, 2009 at 7:36 AM
Will in Seattle 43
Baconcat - dude, serious, that make two of us from San Antonio.

Cool.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 2, 2009 at 10:50 AM
44
Seattle LGBT Equality Weekend October 10 – 11, 2009

Seattle OUTProtest has brought together a grassroots coalition of gay, lesbian, bisexual, transgendered and straight people and organizations to organize a series of solidarity events to coincide with the National March for Equality this October.

March and Rally
Forty years after the Stonewall Rebellion, we march in solidarity with our brothers and sisters and allies in Washington, DC to demand equal protection in all matters governed by civil law in all 50 states and to show our public support forthe Approval of Referendum 71 here in Washington state.
Sunday, October 11
2:00 pm: Volunteer Park, 10th Ave E & E Prospect
5:00 pm: Rally, Federal Courthouse, 7th & Stewart

Thinking Queerly: Community Workshops on LGBT Issues
Community organizers and activists will present a series of workshops on a range of issues affecting the lgbt community including Stonewall and lgbt movement history, homelessness, hate crimes and self defense, lgbt health, Don’t Ask Don’t Tell, lgbt legal issues, Gay-Straight Alliances, marriage equality, and more.
Saturday, October 10
9:30 am to 5 pm
Piggot Auditorium, Seattle University

HIV/AIDS Vigil
As the AIDS pandemic nears its fourth decade, we gather to educate and raise awareness about the continued struggles of people living with HIV/AIDS and their families, friends, and support networks as well as to demand all resources and all funding necessary for prevention, treatment, and a cure.
Saturday, October 10
Starting at 6 pm
Seattle Central Community College South Plaza, Broadway & E Pine

Generation Q Mega Mixer
Come mingle and mix with seasoned leaders and activists of the GLBTQ community at the Generation Q Mega Mixer. Young leaders (25 and under please) will have the opportunity to socialize, learn from, and quite possibly have a dance off with some ofthe community's most inspiring members in a relaxed social environment.
Sunday, October 11
6:30 pm
Sole Repair Shop, 1001 E Pike

Seattle LGBT Equality Weekend March & Rally
http://nationalmarch.seattleoutprotest.o…

Get involved with one of our planning committees! Contact for more time and details:
March/Rally Committee, March@seattleoutprotest.org
Workshops Committee, Workshops@seattleoutprotest.org
Outreach Committee, Outreach@seattleoutprotest.org
Mixer Committee, Mixer@seattleoutprotest.org
HIV/AIDS Vigil Committee, Vigil@seattleoutprotest.org

Biweekly General Organizing Meetings, please contact whitney@seattleoutprotest.org for time and location.

National Equality March: Equality Across America
www.equalityacrossamerica.org

Endorsed by Seattle Gay News, Radical Women, Queer Ally Coalition, International Socialist Organization, Socialist Alternative, Freedom Socialist Party, Gay City Health Project, Entre Hermanos, Cascades Rainbow Community Center/Skagit, Seattle OUTProtest, Community to Community Development, Bellingham, Sub Pop Records, 5th District Democrats (www.5thdems.org), American Friends Service Committee, Inlaws & Outlaws and the True Stories Project, Pride at Work, Washington Jobs with Justice - MLK, Seattle Education Association, Out in Tacoma, Rainbow Center of Tacoma, Queer Kidz, Temple B'Nai Torah, PFLAG Olympia, Amnesty International, Metropolitan Community Church - Seattle, Center for MultiCultural Health, Washington Marriage Alliance, The Backpack Project, A.N.S.W.E.R., Party for Socialism and Liberation, PFLAG - Olympia, The Queer Foundation, PFLAG - Bellevue

Approve Referendum 71
Keep the Domestic Partnership Law
More...
Posted by Lonnie on October 2, 2009 at 11:12 AM
balderdash 45
Did you hear that Governor Perry thinks the ruling is "flawed"?

As a sane Texan, as far as I'm concerned, Rick Perry condemning something is a ringing endorsement.

What a good day.
Posted by balderdash http://introverse.blogspot.com on October 2, 2009 at 11:14 AM
46
I am from British Columbia, and I read about this not long ago. Same-sex couples in the States that want to get married, and cross the border to have it done, do not realize that the "until death do us part" part weighs a little heavier with homosexual marriages. In areas that do not recognize gay marriage, they also cannot give you a divorce, because they do not recognize you are married in the first place. I think its strange because marriage applications do not have any sort of warning that Canada and the States have residency requirements before getting a divorce.

In order to get a divorce, one person in the couple must come back up to Canada and live there for a year, before you can get divorced. Residency requirements are the same in the states that allow gay marriage, from what I've heard, so it is a year as well. So yeah ... you'll be considered married to your ex until you commit to living in Canada or MA for a year. Sucks for them ... I would almost say don't get married in Canada if you're a gay American.
Posted by Gith on October 2, 2009 at 8:18 PM
American Marriage Ministries 47
Word to your mother.
Posted by American Marriage Ministries http://www.americanmarriageministries.org on October 6, 2009 at 12:40 AM

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