Author Topic: Judge strikes down gay marriage ban in Texas  (Read 288 times)

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Offline jmyrlefuller

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Judge strikes down gay marriage ban in Texas
« on: February 26, 2014, 03:35:33 PM »

by Aaron Blake
February 26, 2014

A Texas judge has struck down that state's ban on gay marriage.

U.S. District Judge Orlando Garcia did not say gay marriages could be performed immediately. Instead, he stayed the decision, citing a likely appeal.

"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote in his decision. "These Texas laws deny Plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."

The state's gay marriage ban was challenged by two gay couples -- one seeking to marry in Texas and one seeking to have their marriage, which was performed in Massachusetts, to be recognized.

Full ruling at link.
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Offline Oceander

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Re: Judge strikes down gay marriage ban in Texas
« Reply #1 on: February 26, 2014, 03:38:19 PM »
"Rational basis" means almost any sort of observable distinction and, since gay couples cannot produce children the way that straight couples can, that difference alone should serve as a sufficient "rational basis" for making the distinction.  I'm not saying it's a correct distinction, just that it exists.

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