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SCOTUS rules for marriage equality

Boom.

RedEquality

Handing gay rights advocates a monumental victory, the U.S. Supreme Court on Friday ruled that marriages between couples of the same sex are constitutional, a decision that overrides Texas’ long-standing ban on gay marriage.

In a 5-4 ruling, the high court found that same-sex couples have a constitutional right to marry and that states must license a marriage between two people of the same sex.

“Today’s victory will bring joy to tens of thousands of Texans and their families who have the same dreams for marriage as any others,” Chuck Smith, executive director for the gay rights group Equality Texas, said in a statement. “We hope state officials move swiftly to implement the Constitution’s command in the remaining 13 states with marriage discrimination.”

Though the Supreme Court ruled specifically on four gay marriage cases out of a Cincinnati-based federal appeals court, its decision legalized gay marriage nationwide, dismaying Texas’ Republican leaders.

The ruling is here. I for one am thoroughly enjoying the bitter, bitter tears of those dismayed Republican leaders; you can see those and some other reactions here. Seriously, every time Ted Cruz says something hilariously apocalyptic, an angel gets its wings.

Texas’ ban, which had been on the books for a decade, defined marriage in the state Constitution as “solely the union of one man and one woman.” A legal challenge to Texas’ constitutional ban was making its way through the courts.

Two same-sex couples had sued Texas over its gay marriage ban, arguing that it did not grant them equal protection as intended by the 14th Amendment. Attorneys for the state of Texas defended the ban, saying it met equal protection laws and that the courts should not undermine a state’s sovereignty to impose such restrictions.

The Texas case was among dozens of challenges to state same-sex marriage bans that cropped up and barreled through the judicial system after the U.S. Supreme Court struck down part of the federal Defense of Marriage Act in 2013.

The Texas case was among the last to be heard at the appellate level, and it was left pending before the U.S. 5th Circuit Court of Appeals at the time the Supreme Court ruled on the issue.

I wonder again, will the Fifth Circuit ever issue a ruling on that appeal, or will they simply point to SCOTUS and say “never mind”? What is the legal precedent for this? The good news is that Judge Orlando Garcia, who issued the original ruling knocking down Texas’ anti-gay marriage law, has officially lifted the stay on his ruling. There’s no legal force holding anyone back, just the obnoxiousness of some small-minded officials here.

June 26 was already a historic day for gay rights activists. On that same day in 2003, the Supreme Court struck down Texas’ sodomy ban, invalidating it and similar laws across the country. A decade later on the same day, the high court struck down key portions of the Defense of Marriage Act, ruling that same-sex couples were entitled to federal benefits if they lived in states that allow same-sex marriage.

On Friday, Mark Phariss, a plaintiff in the Texas case, expressed joy at the Supreme Court ruling. “After almost 18 years together, we can soon exchange vows, place rings on each other’s finger, look each other in the eye and say, ‘I do,'” Phariss said in a statement, “all at a wedding surrounded by family and friends.”

Yes, I had thought this would wait till Monday, since there are several other decisions yet to be released, and I fell for the argument that this decision would be released last. Apparently, June 26 really is a magical day. I couldn’t be happier about it.

Look, we know that the legal wrangling is far from over, and the reactions from those bitterly crying Republican officials confirms that they are not about to give up just yet. I nearly got whiplash following the story of whether or not Harris County Clerk Stan Stanart would issue same-sex marriage licenses, and he was far from the only one dragging his feet. I’ll write up what I can for the next post. This one is all about the big accomplishment. It’s a huge step forward, one many people can’t believe they lived to see. I can hardly believe it was less than ten years ago when Texas voted to add that hateful anti-gay-marriage amendment to its constitution. I sure didn’t believe this day would happen so quickly, if a decade can be considered “quick”. But here we are, and while there will be more obstacles going forward, there’s no going back. So celebrate, rejoice, get married if that’s been on your do list, and forget the haters for a day or two. They’ll be with us always, but this weekend will only happen once. Mazel tov and God bless, y’all.

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One Comment

  1. Kenneth Fair says:

    Essentially, the Fifth Circuit will say “never mind.” I would expect to see a very short opinion saying something like, “In light of the Supreme Court’s decision in Obergefell v. Hodges, the judgment of the District Court is AFFIRMED.”