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Texas throws in the towel with the Fifth Circuit

Hallelujah.

RedEquality

The 5th Circuit should affirm a lower court ruling that overturned Texas’ long-standing ban on same-sex marriage, Scott Keller, the state’s solicitor general, wrote in a letter to the appellate court. That letter was in response to the appellate court’s request that the state and the plaintiffs advise the court on the next steps in the Texas case.

Citing the Supreme Court’s ruling, a three-judge panel of the 5th Circuit then affirmed a lower court ruling that the state’s ban is unconstitutional.

Same-sex marriage “is the law of the land and, consequently, the law of this circuit and should not be taken lightly by actors within the jurisdiction of this court,” wrote circuit Judge Jerry E. Smith, adding that the Supreme Court ruling also required the state to recognize same-sex marriages performed in other states.

[…]

Though it was clear that the Supreme Court would have the final word on the matter, the parties in the Texas case had hoped the 5th Circuit would still rule on their case.

But after the high court legalized same-sex marriage, the attorney for the Texas same-sex couples, Neel Lane, asked the 5th Circuit to affirm Garcia’s ruling and direct him to wrap up the case.

In a letter to the court, Lane wrote that Garcia’s final judgment should prohibit the state from enforcing the state statute that banned same-sex marriage, any related provisions in the Texas Family Code, and “any other laws or regulations prohibiting a person from marrying another person of the same sex or recognizing same-sex marriage.”

Additionally, Lane asked that the courts “take any and all steps necessary to enforce” that final judgment.

In siding with the same-sex couples, the 5th Circuit directed Garcia to enter his final judgment on the case by July 17.

The Fifth Circuit’s opinion is here. There wasn’t any actual doubt about how this would be resolved at this point, but this gesture does save everyone some time and energy. It also highlights just how much all that “saber-rattling” has been little more than posturing for the rubes. They know the gig is up, they just don’t want to have to say it out loud.

Other signs of progress:

A local woman who wed her partner in a same-sex marriage in Hawaii last year has legally changed her name in Nueces County.

Bridget and Molly Brundrett married in Hawaii last October because the Aloha State already recognized same-sex unions. When they returned to Corpus Christi, Molly tried to legally take her wife’s last name. She took her Hawaii marriage license to the local Department of Motor Vehicles to legally change her name but was turned away. She says a female employee at the DMV office even threatened to have her arrested if she didn’t leave.

That was last November.

Fast forward to this week — and it’s a different story.

Following the SCOTUS ruling on same-sex marriage last Friday, same-sex marriage is now recognized in Texas.

On Monday, the couple went to the DMV office off Interstate 37 with their Hawaii marriage license in hand and it was accepted. In fact, they say the DMV employees cheered for them.

“We actually walked up and she started applauding and cheering. It was like – oh my God, my first one! It was very moving. It was very sweet. They took our pictures,” said Molly.

That’s what marriage equality is all about – you get to have the same choices and options as anyone else. I hope this means that Connie Wilson can get her Texas drivers license, too. Congratulations, y’all.

UPDATE: The Fifth Circuit ruling applies to Louisiana and Mississippi too, though Louisiana Governor Bobby Jindal continues to be a jerk about it.

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One Comment

  1. Kenneth Fair says:

    The opinion was about what I figured it would be, although it was good to see Justice Smith warning the states not to take the ruling lightly.

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