Claiming to uphold the U.S. Constitution, a federal judge has struck down Texas state constitution ban on same sex marriage, though leaving it in place pending a ruling by an appeals court. The amendment to the Texas constitution was approved by 76% of voters in 2005.
The Texas attorney general had argued that each state has the right to define marriage in the traditions of its citizens, and that traditional marriage best supports the state’s interest in procreation and child rearing. But the judge rejected the state’s arguments and cited the U.S. Constitution’s guarantees of equal protection and due process in striking down the law. “Texas’ current marriage laws deny homosexual couples the right to marry,” the judge said in his opinion, “and in doing so, demean their dignity for no legitimate reason.”
Texas Governor Rick Perry said the state would appeal.
The gay rights movement has found a way to challenge laws against same-sex marriage by claiming that they deserve equal protection for their lifestyle under the U.S. Constitution.
“It’s a sure sign that things are changing in Texas for the better,” said Michael Diviesti, of GetEQUAL TX, a gay rights group. “We’ve got a few more steps to go on the marriage front, but I think we’re all pretty prepared to keep up the fight.”
Marriage, however, isn’t the final frontier for the gay rights movement. They will eventually come after free speech, business services, churches, and other issues to prevent so-called “discrimination” against gays.
“This ruling by an unelected federal judge is the most egregious form of judicial activism in our generation,” said Jonathan Saenz, of Texas Values, and organization that promotes religious liberty… “This is only the beginning of an epic battle that the Texas people will ultimately win in the name of the only true and lawful definition of marriage: one man and one woman.”
Utah, Oklahoma and Virginia have all had bans on same-sex marriage struck down. And lawsuits are pending in at least 20 other states that ban gay marriage. Seventeen states and the District of Columbia allow same-sex marriages.
“Likewise also, as it was in the days of Lot…” Luke 17:28