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Legislation to overturn same sex marriage ban filed

Someone’s gotta do it, and you know it won’t be Republicans.

RedEquality

Kriselda Hinojosa recalls how she unintentionally came out to her father in sixth grade.

“He actually saw me kissing my girlfriend at the time,” Hinojosa said. “So he caught me, but he didn’t get upset. He never yelled at me or anything. He was always very open-minded. I’ve never heard him talk bad about the LGBT community.”

Over the years, the now-32-year-old Hinojosa said, her father’s acceptance has evolved into righteous indignation over the fact that his only daughter doesn’t have equal rights. Two years ago, Hinojosa “eloped” to Las Vegas with her girlfriend for a same-sex commitment ceremony. When she returned to Texas, it hit home for her dad that their certificate means nothing in the eyes of the state.

In 2013, Hinojosa’s father, state Sen. Juan “Chuy” Hinojosa (D-McAllen), authored a bill to legalize civil unions in Texas. And on Father’s Day this year, he penned a heartfelt pro-equality letter to his daughter that was published in newspapers statewide.

On Monday, Sen. Hinojosa took his support a step further, introducing a bill to repeal Texas’ constitutional amendment banning same-sex marriage on the first day of pre-filing for the 2015 legislative session. Hinojosa’s bill, SB 98, is one of several that were set to be filed Monday that—if all were to pass—would have the combined effect of legalizing same-sex marriage in Texas pending a public vote.

“He says he’s proud of me, but I’m more proud of him,” Kriselda Hinojosa said. “He’s taking a risk, also, because he could actually lose supporters, but it doesn’t seem to phase him. He’s doing what he thinks is right.”

Rep. Garnet Coleman (D-Houston) filed a companion to Hinojosa’s bill, HJR 34, aimed at repealing the marriage amendment, which was approved by 76 percent of voters in 2005. To pass, the amendment repeal bills would need a two-thirds majority in both chambers, as well as a simple majority at the ballot box.< Meanwhile, state Rep. Rafael Anchia (D-Dallas) and Sen. Jose Rodriguez (D-El Paso) were set to file legislation Monday that would undo Texas’ statutory bans on same-sex marriage, which passed in 2003. Anchia’s bill is HB 130, and Rodriguez’s measure was piggy-backed on Hinojosa’s SB 98. The statutory changes would have no impact until the constitutional amendment is repealed.

We’ve been down this road before. What I said then largely applies now, and I don’t expect any different outcome. An x-factor in this is the Fifth Circuit, whose actions on the appeal of DeLeon v. Perry could possibly inspire some backlash. If there’s one achievable thing I’d like to see happen on this, it’s for there to be a fully unified Democratic response to these bills. I’d like to see the few remaining holdouts in our caucuses finally get right on this issue.

Actually, there’s a bigger reason why we’ll need to stand together on this.

Texas tea party Sen. Donna Campbell, R-New Braunfels, introduced a measure Monday that could effectively allow businesses to turn away gay customers — or fire LGBT employees — under the guise of religious freedom.

On the first day of pre-filing for the legislative session that begins in January, Campbell introduced Senate Joint Resolution 10. The resolution, which proposes a constitutional amendment “relating to a person’s freedom of religion,” reads as follows:

Government may not burden an individual’s or religious organization’s freedom of religion or right to act or refuse to act in a manner motivated by a sincerely held religious belief unless the government proves that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. For purposes of this subsection, the term “burden” includes indirect burdens such as withholding benefits, assessing penalties, and denying access to facilities or programs.

Campbell introduced a nearly identical measure two years ago, but it died in committee. The 2013 measure was supported by the anti-LGBT group Texas Values and opposed by Equality Texas.

Texas already has a statute, the Religous Freedom Restoration Act (RFRA), that provides strong protections for religious freedom. However, critics say Campbell’s proposal would go much further than the Texas RFRA.

For example, while the RFRA says government “may not substantially burden” an individual’s religious freedom, SJR10 states only that government “may not burden” an individual’s religious freedom. Removing the word “substantially” would significantly alter the scope of the law, as outlined in testimony from former state Rep. Scott Hochberg in 2013. Also, unlike the RFRA, Campbell’s proposal doesn’t include exceptions for enforcement of civil rights laws.

In other words, this would overturn the Houston Equal Rights Ordinance, and a whole lot besides. Because “local control” goes out the window when the locals do something the hegemons don’t like. Be that as it may, no Democrat should consider voting for this. Let the Rs own every piece of the same sex marriage ban as well as this abomination when SCOTUS finally takes up the question, whichever way they go. The people are ready for the unjust marriage ban to be repealed. Let’s give them what they want. LGBTQ Insider has more.

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One Comment

  1. Katy Anders says:

    Lots of conservatives hiding behind their Bibles for an excuse to be exempt from the laws the rest of us must follow. There’s no way not to be upset about that.

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