The Herald Banner, Greenville, TX

Local News

February 27, 2014

Federal judge strikes down marriage ban in Texas

In a decision that will likely set off a chain of appeals that will reach the chambers of the U.S. Supreme Court, a federal judge declared Texas’ same-sex marriage ban unconstitutional Wednesday afternoon.

However, Judge Orlando Garcia stayed enforcement of his decision pending an appeal from Texas Attorney General Greg Abbott, which means that same sex couples cannot get married in Texas until at least after the 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.”

Garcia’ ruling comes days after U.S. Attorney General Eric Holder declared that state attorneys general did not have to enforce their state’s laws regarding same-sex marriage if they believe such laws violated Constitutional rights.

“I see this ruling as another attack by an unelected federal judge on our traditional values,” State Representative Dan Flynn said. “This is simply another example of judicial activism that our generation is having to face. The Texas legislature and the citizens of Texas sent a very clear statement that we believe in the traditional definition of marriage as one man and one woman. I don’t believe it will stand in Texas.”

Abbott has stated that he will submit an expedited appeal to the 5th U.S. Circuit Court of Appeals, based in New Orleans.

“The U.S. Supreme Court has ruled over and over again that states have the authority to define and regulate marriage,” Abbott said. “The Texas Constitution defines marriage as between one man and one woman.”

Garcia was appointed by President Bill Clinton and serves as the Justice of the United States District Court for the Western District of Texas, based in San Antonio.

In 2005, 76.25 percent of Texans who voted passed Proposition 2, which added a new provision to the Texas Constitution defining marriage as between one man and one woman. At the time, Texas was the 19th state to codify a same-sex marriage ban.

Currently, there are federal lawsuits in approximately 20 states challenging same-sex marriage laws. Federal judges have ruled that same-sex marriage bans in Virginia, Kentucky, Oklahoma and Utah violate the Constitution. In the summer of 2013, the U.S. Supreme Court overturned section three of the Defense of Marriage Act, which was one of the primary defenses for same-sex marriage bans.

 

1
Text Only
Local News
  • Field.jpg GISD trustees approve replacing track, turf

    When the Greenville High School football team takes the field in August, they will be marching out onto new turf.

    April 16, 2014 1 Photo

  • Royce Tawater.jpg Guilty pleas expected in July 2013 shootings

    A  Greenville man, sentenced to state prison earlier this year on a weapons charge, is scheduled to plead guilty today to multiple counts involving two different shootings in July 2013.

    April 16, 2014 1 Photo

  • GPD stock photo.jpg Guilty plea given in child injury case

    A local woman has pleaded guilty to seriously injuring a child in Greenville in February of last year.

    April 16, 2014 1 Photo

  • Greenville Police Department patch.jpg Trial set in BB gun vandalism case

    A trial date has been set for a Greenville man, charged with causing tens of thousands of dollars in damage by firing a BB gun at dozens of local homes, vehicles and businesses.

    April 16, 2014 1 Photo

  • Joshua Flowers chase wreck.jpg One arrested following stolen vehicle chase

    A Tarrant County man is in custody at the Hunt County Jail, after being thrown from a stolen vehicle which he allegedly crashed following a brief Sunday afternoon chase.

    April 16, 2014 1 Photo

  • Jefferies.jpg Bond issue questions asked, answered

    If the proposed $72.275 million Greenville Independent School District bond passes, the district will move from the third-lowest school district tax rate in Hunt County to sixth out of 11 school districts in tax rates.

    April 15, 2014 1 Photo

  • Start of mall project getting closer

    Something new has been added to the property on which rests Crossroads Mall in Greenville, but it is not another store or restaurant.

    April 15, 2014

  • Painting_With_a_Twist_feature_(1).1.jpg "it gets easier and easier'

    Diagnosed with terminal cancer, with only about a month left to live, Quinlan resident Mike Loftin needed a spiritual lift, something fun and entertaining to keep his mind off of his illness.

    April 15, 2014 1 Photo

  • Hall votes against Ryan’s budget

    On April 10, the House of Representatives passed House Budget Committee Chairman Paul Ryan’s budget, a plan that includes $5.1 trillion in spending cuts over the next 10 years without changing the tax code.

    April 15, 2014

  • Reward offered in burned cat case

    April 15, 2014

Featured Ads
Poll

What's your favorite spring high school sport?

Swimming and diving
Wrestling
Basketball
Soccer
Tennis
Golf
Track and Field
Softball
Baseball
     View Results
Facebook
Photos


See more photos and purchase prints here.

AP Video
Raw: Ferry Sinks Off South Korean Coast Town, Victims Remember Texas Blast Freeze Leaves Florida Panhandle With Dead Trees At Boston Marathon, a Chance to Finally Finish Are School Dress Codes Too Strict? Raw: Fatal Ferry Boat Accident Suspicious Bags Found Near Marathon Finish Line Boston Marks the 1st Anniversary of Bombing NYPD Ends Muslim Surveillance Program 8-year-old Boy Gets His Wish: Fly Like Iron Man Sex Offenders Arrested in Slayings of CA Women India's Transgenders Celebrate Historic Ruling Tributes Mark Boston Bombing Anniversary Raw: Kan. Shooting Suspect Faces Judge
Must Read
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Reader's Choice