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Texas District Judge Rules Same-Sex Marriage Ban Is Unconstitutional

Great news out of Texas! State District Judge Barbara Nellermoe has found Texas's same-sex marriage ban to be unconstitutional, which will allow a San Antonio gay couple's divorce and child custody proceedings to move forward. 

(Okay, so the whole divorce and child custody thing is a bummer, but the ruling against the same-sex marriage ban is a silver lining!)

San Antonio Express News reports:

Judge Barbara Nellermoe, in a ruling released Tuesday, pinpointed three portions of the Texas Family Code as unconstitutional, as well as Section 32 of the Texas Constitution.

Nellermoe wrote that “in a well-reasoned opinion by Judge Orlando Garcia, the federal district court found that a state cannot do what the federal government cannot — that is, it cannot discriminate against same-sex couples.”

 

The latest ruling comes in response to a same-sex divorce lawsuit that was filed in Bexar County in February by Allison Leona Flood Lesh and Kristi Lyn Lesh, who were married in Washington, D.C., in August 2010.

Kristi Lesh became pregnant through artificial insemination during the marriage and gave birth Feb. 19, 2013. Her attorney argued that because Allison Flood Lesh isn't the biological or adoptive parent, Kristi Lesh should retain sole custody. Allison Flood Lesh is seeking to split custody of the child.

Legally in states that don't recognize same-sex marriages, the birth parent is considered the only legal parent of a child born to a same-sex couple.

Judge Nellermoe has ruled that that's unconstitutional, writing:

“By denying their parents the right to marry, Texas has created a suspect classification of children who are denied equal protection of the law under the Fourteenth Amendment."

Judge Nellermoe's ruling will not strike down Texas's same-sex marriage ban, but it's yet another victory as Texas heads towards marriage equality. 

 

(H/T: LGBTQ Nation)

Comments

"Judge Nellermoe's ruling will not strike down Texas's same-sex marriage ban, but it's yet another victory as Texas heads towards marriage equality." That's awful and wrecks my joy, but hopefully this does help move things along. I also hope the legalization of same-sex marriage can help people accept that you can be gay or bisexual and in support of them and Christian. 

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

"the federal district court found that a state cannot do what the federal government cannot "

This is incorrect.  Please do not take this as being an anti-gay comment as it is not.  I am only discussing what the 10th Amendment says and what it is for.  The 10th Amendment says

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

This does not mean the Federal Government can say what a states powers are.  The judge is in direct conflict with the US Bill of Rights which she swore to protect.  Her opionion has no bearing.  The power not held by the Federal Government is held by the States and the people.  The citizens of Texas have the right to revoke this and should as fellow American Citizens are abusing their "marriage rights" and it is affecting children.  This should be looked at and fixed, but the Federal Government has no place in it whatsoever.

Stick that in your pipe and smoke it Rick Perry and Greg Abbott.

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