A federal judge has struck down Texas' ban on gay marriage, but is leaving it in place pending a ruling by an appeals court later this year.
Judge Orlando Garcia issued a preliminary injunction on the ban Wednesday, then suspended his ruling. Two gay couples had challenged the state's constitutional amendment and a longstanding law banning gay marriage.
Under federal court rules, a judge may suspend a law if he or she believes the plaintiffs have a strong case and will suffer if the law is enforced.
Garcia said his injunction against Texas enforcing its ban will take effect once an appeals court has a chance to rule on the issue.
I think the tea leaves are indicating that the issue of gay marriage is headed to the Supreme Court.
I am not sure if we should view that as a good thing, or a terrible thing.
In my mind the Court would have no choice but to strike down a ban on gay marriage as unconstitutional, but then again my mind is not cluttered with the likes of Antonin Scalia, Clarence Thomas, or Samuel Alito.
Cluttered? Did you think of the most neutral adjective for the likes of Antonin Scalia, Clarence Thomas, or Samuel Alito? Chief Justice John Roberts is a cipher to me, some of his rulings are surprising. Is he truly non-partisan with a conservative leaning?
ReplyDeleteThere’s also some discussion that Roberts may have same sex leanings himself.
DeleteI’m sitting here mulling on natural law versus man-made law. Marriage is man-made law, and as such, can be changed by man. Same sex unions, while unfruitful, don’t violate any natural laws. Much in nature is unfruitful and much is wasted. That doesn’t equal “sin” in my mind.
And maybe folks have enough worries, and don’t appreciate “the sky is falling!” nonsense. “Saddam killed his own people!” Been there, done that.
What we're seeing - despite fierce opposition of the very vocal right-wing idealogues - is another step forward to true freedom and human rights.
ReplyDeleteI won't be holding my breath. We're talking Texas, if it does hit the supreme court, they'll probably punt hoping the GOP somehow gets both houses and the Presidency. Among the names you picked, I feel the best chance is with Roberts. Thomas should have stepped down in shame with his wife's hands being forever dirtied by the big wigs in the Tea Party. Alito is another Santorum but in a black robe and no "Google" problem (yet).
ReplyDelete