Six Texas lawsus target gay marriage, LGBT rights after the fall of Roe v. Wa

gay marriage in tx

McLennan County Jtice of the Peace Dianne Hensley filed a lawsu after a state agency warned her about refg to marry gay upl. She hop a recent U.S. Supreme Court se about relig eedom helps her e.

Contents:

WHAT THE HISTORY OF GAY MARRIAGE LEGISLATN TEXAS CAN TEACH US ABOUT ITS FUTURE

Two upl are sug feral urt to overturn the gay marriage ban Texas, while two others are takg to the state's Supreme Court for the state to grant them a divorce. Between the four s, the ban on gay marriage Texas uld meet s end.  * gay marriage in tx *

Gay marriage supporters have ma massive stris a very short amount of time. Ls than ten years ago, gay upl uldn’t get married anywhere the Uned Stat.

TEXAS JUDGE FIGHTS TO NY WEDDG CEREMONI TO GAY UPL

* gay marriage in tx *

” Now, though, nearly a third of the stat (ntag nearly forty percent of the populatn) have legalized gay marriage, and most s, that’s been through the actns of elected legislatur or voters at the ballot box. In Texas, meanwhile, if the stat of gay marriage is gog to change—at least the short term—’ll likely have to be the urts. And there are four lawsus pendg that are challengg the var rtrictns the state that outlaw gay marriage.

As we take a look at them, let’s also take a moment to trace the history of gay marriage bans Texas: 1997: Texas Legislature adds the le “A license may not be issued for the marriage of persons of the same sex” to the Fay Seventy-fifth Legislature voted on Sectn 2. Anticipatg the floodgat that would open shortly after a judge found gay marriage to be nstutnal  Massachetts, the Texas Legislature voted 2003 to add more language to the Fay Co that would ban gay marriage and civil unns through Sectn 6.

SIX TEXAS LAWSUS TARGET GAY MARRIAGE, LGBT RIGHTS AFTER THE FALL OF ROE V. WAJONATHAN MCHELL, THE LAWYER WHO HELPED WRE THE ABORTN BOUNTY LAW, IS BEHD SEVERAL S THAT ULD ADVERSELY AFFECT LGBT RIGHTS. THE CY OF DALLAS' PRI FLAG (RIGHT) FLI ALONGSI THE TEXAS AND U.S. FLAGS OUTSI OF CY HALL DOWNTOWN DALLAS, THURSDAY, JUNE 18, 2020 HONOR OF PRI MONTH. TEXAS IS POISED TO BEE A BATTLEGROUND FOR LGBT RIGHTS, AS NO FEWER THAN A HALF DOZEN LAWSUS ON THE ISSUE HAVE BEEN FILED BY THE STATE'S FORMER SOLICOR GENERAL OVER THE ISSUE RECENT YEARS. (TOM FOX/THE DALLAS MORNG NEWS)(TOM FOX / STAFF PHOTOGRAPHER)BY LREN MCGGHY7:00 AM ON JUL 21, 2022 CDTAUSTIN — IN THE WAKE OF THE TOPPLG OF ROE VS. WA AND WH JTICE CLARENCE THOMAS URGG THE U.S. SUPREME COURT TO REVIS LGS ON GAY SEX AND MARRIAGE, TEXAS IS THE STAGE FOR SEVERAL LAWSUS ALG WH LGBT RIGHTS.RIGHT NOW, A HALF DOZEN S ON EVERYTHG OM SURANCE VERAGE FOR HIV PREVENTN TO EMPLOYMENT DISCRIMATN AND SAME-SEX MARRIAGE ARE WENDG THEIR WAY THROUGH STATE AND FERAL URTS HERE. THEIR OUT ULD RADILLY ALTER RIGHTS FOR LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE TEXAS AND ACROSS THE UNTRY.ADVERTISEMENTTHE LAWSUS ALL HAVE ONE THG MON: FORMER TEXAS SOLICOR GENERAL JONATHAN MCHELL.ADVERTISEMENTBT KNOWN AS THE MAN BEHD THE STATE LAW THAT ALLOWS TEXANS TO FILE CIVIL LAWSUS AGAST PEOPLE WHO HELP PREGNANT PEOPLE GET ABORTNS, MCHELL OPENED UP A LAW FIRM AT FOUR YEARS AGO WH THE GOAL OF SYSTEMATILLY DISMANTLG S OF URT LGS HE BELIEV PART OM THE U.S. CONSTUTN.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE DALLAS MORNG NEWS IS TRACKG SIX OF HIS S THAT ORIGATED TEXAS AND AL WH LGBT RIGHTS. HERE’S A SUMMARY OF EACH SE.RELATED:AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE AND MOREADVERTISEMENTGAY MARRIAGEDIANNE HENSLEY VS. STATE COMMISSN ON JUDICIAL CONDUCT (THIRD COURT OF APPEALS)BRIAN KEH UMPHRS VS. DAVID HALL, ET AL. (NORTHERN DISTRICT OF TEXAS)ADVERTISEMENTSUMMARY: BOTH OF THE S WERE BROUGHT BY TEXAS OFFICIALS WH THE THORY TO PERFORM WEDDGS BUT WHO DO NOT WANT TO OFFER MARRIAG TO SAME-SEX UPL BEE THEY SAY VLAT THEIR RELIG BELIEFS.ADVERTISEMENTONE SE STATE URT, FILED BY MCLENNAN COUNTY JTICE OF THE PEACE DIANNE HENSELY, ARGU THAT MARRIAGE OFFICIANTS WHO ARE ERNMENT OFFICIALS SHOULD BE ABLE TO RECE THEMSELV OM PERFORMG CEREMONI FOR GAY UPL IF THE UPL HAVE A VIABLE ALTERNATIVE OPTN TO BE WED. THE OTHER SE, FERAL URT AND FILED BY JACK COUNTY JUDGE BRIAN KEH UMPHRS, MAK A SIAR ARGUMENT.BUT THE UMPHRS SE GO FURTHER, ARGUG THAT THE U.S. SUPREME COURT ERRED WHEN CLARED GAY MARRIAGE BANS UNNSTUTNAL 2015. IT URG THE URT TO REVIS THAT CISN.“THERE IS NO NSTUTNAL RIGHT TO SAME-SEX MARRIAGE,” THE UMPHRS SE READS. “THE FERAL JUDICIARY HAS NO THORY TO REGNIZE OR VENT ‘FUNDAMENTAL’ NSTUTNAL RIGHTS.”ADVERTISEMENTUMPHRS’ SE IS AWAG A CISN OM THE FERAL APPEALS URT. HENSLEY’S SE IS BEFORE A STATE APPEALS URT AT.OTHER ACTORS: CHAD AND DTY FILLMORE OF FORT WORTH ARE ALSO LISTED AS LAWYERS FOR UMPHRS, AS ARE LAWYERS OM THE PLANO-BASED CHRISTIAN NONPROF LAW FIRM FIRST LIBERTY INSTUTE AND JACKSBORO-BASED FIRM SPILLER & SPILLER.POTENTIAL EFFECTS: IF MCHELL WS EHER SE, ERNMENTAL OFFICIALS WHO ARE MARRIAGE OFFICIANTS WOULD BE ABLE TO WED ONLY OPPOSE-SEX UPL. IF THE UMPHRS SE PROCEEDS, THE QUTN OF SAME-SEX MARRIAGE ULD AGA END UP BEFORE THE SUPREME COURT. IN HIS NCURRG OPN THE CISN OVERTURNG ROE LAST MONTH, CLARENCE THOMAS URGED HIS FELLOW JTIC TO TAKE UP THE ISSUE IF A SE QUTNG THE NSTUTNAL RIGHT TO GAY MARRIAGE PRENTS SELF.RELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? ADVERTISEMENTINSURANCE MANDAT

AUSTIN — In the wake of the topplg of Roe vs. Wa and wh Jtice Clarence Thomas urgg the U.S. Supreme Court to revis lgs on gay sex and marriage, ... * gay marriage in tx *

2005: Voters approve Texas Proposn 2, which amends the state Constutn to ban gay marriage yet November 2005, voters passed Proposn 2 by a whoppg 53-pot marg.

2009: Gay divorce se challeng Prop 2008, the se of In re Marriage of J.

In 2010, the Fifth Circu Court of Appeals reversed the lower urt’s cisn, fdg that the ban on gay marriage Texas did not vlate the Fourteenth Amendment’s Equal Protectn Clse. It’s worth notg that Wyomg, gay divorce has been found nstutnal even though gay marriage remas illegal the state.

QUTN ON GAY MARRIAGE HAS ADVOT, EXPERTS ASKG: WHAT DO THIS TEXAS LAWMAKER WANT?GOP STATE REP. JAM WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT. WHE IS NNG FOR STATEWI OFFICE.REP. JAM WHE, R-HILLISTER, SPEAKS DURG A PRS NFERENCE HELD BY TEXAS PRISONS AIR-CONDNG ADVOT ON TUDAY, MARCH 12, 2019 AT THE JOHN H REAGAN STATE OFFICE BUILDG AT. WHE, WHO IS NNG THE GOP PRIMARY FOR AGRICULTURE MISSNER, LAST WEEK ASKED THE ATTORNEY GENERAL WHETHER PRIVATE CIZENS NEED TO REGNIZE SAME-SEX MARRIAG.(ASHLEY LANDIS / STAFF PHOTOGRAPHER)BY SAMI SPARBER AND LREN MCGGHY5:30 AM ON OCT 27, 2021 CDTAUSTIN — DO PRIVATE CIZENS TEXAS NEED TO REGNIZE GAY MARRIAG?THAT’S THE QUTN REP. JAM WHE, A REPUBLIN LAWMAKER NNG FOR STATEWI OFFICE, ASKED THE ATTORNEY GENERAL LAST WEEK. WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT.ADVERTISEMENTMORE THAN SIX YEARS AFTER THE U.S. SUPREME COURT LEGALIZED GAY MARRIAGE NATNWI OBERGEFELL VS. HODG — AND WH FEW OTHER PROTECTNS FOR LGBTQ TEXANS — THEY WONRED, WHAT EXACTLY IS WHE’S POT?ADVERTISEMENTEXPERTS SAID THEY DIDN’T THK WHE’S REQUT WOULD HAVE ANY IMPACT ON CURRENT LAW, CHALKG UP TO POLIL POSTURG AHEAD OF A NSERVATIVE PRIMARY RACE. IT MAY BE PART OF A NSERVATIVE TREND TO LEAVE UNENFORCEABLE LAWS ON THE BOOKS SE THE LGS ARE REVERSED.POLIL POTSGET THE LATT POLICS NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE 2015 OBERGEFELL CISN MA THE BAN ON SAME SEX-MARRIAGE TEXAS AND 12 OTHER STAT UNENFORCEABLE. BUT LAWMAKERS HAVE NEVER REMOVED THE LANGUAGE, WHICH VOTERS ENSHRED THE TEXAS CONSTUTN 2005. IN AN TERVIEW WH THE DALLAS MORNG NEWS, WHE SAID HE IS NOT ASKG ATTORNEY GENERAL KEN PAXTON TO REJECT THE URT’S LG ON GAY MARRIAGE.“SOME PEOPLE WERE SAYG, ‘OH HE’S ASKG TO SEE IF OBERGEFELL IS APPLIBLE TO TEXAS,’” WHE SAID. “NO, I’M NOT SAYG THAT. IT IS APPLIBLE TO TEXAS — AS APPLI TO ERNMENT OFFICIALS REGNIZG DIFFERENT MARRIAGE NSTCTS.”ADVERTISEMENTHE ADD: “BUT HOW DO APPLY TO PRIVATE CIZENS?”WHE DID NOT HAVE AN EXAMPLE FOR WHAT SUATN HE SEEKS TO ADDRS NOR DID HE SAY A SPECIFIC CINT SPURRED HIM TO ASK THE QUTN AT THIS TIME.ADVERTISEMENTHE MENTNED THE RIGHTS OF CLERGY TO REJECT GAY UNNS — BUT SAID THAT IS NOT THE SOLE REASON HE FILED THIS REQUT. THEN HE WAVED OFF — BUT DID NOT PLETELY REJECT — THAT HE WANTS THE ATTORNEY GENERAL TO WEIGH ON WHETHER BS N NY SERVIC TO SAME-SEX UPL.ADVERTISEMENT“I DON’T KNOW IF BS ARE PRIVATE CIZENS,” WHE SAID, WHILE ACKNOWLEDGG THEY MAY BE OWNED OR N BY PRIVATE CIZENS. “MAYBE A PRIVATE CIZEN ULD BE SOMEONE WHO SAYS THEY’RE A PREACHER. ... IT ULD BE A CHURCH AN BOARD.”WHE SAID HILLISTER BAPTIST CHURCH, WHERE HE ATTEND UNTIL RECENTLY, CHECKED S BYLAWS AFTER THE SUPREME COURT LG TO MAKE SURE FED MARRIAGE A WAY THAT WAS “NSISTENT WH CHURCH DOCTRE.”LEGAL TO TURN AWAY CTOMERS

AUSTIN — Do private cizens Texas need to regnize gay marriag? That’s the qutn Rep. Jam Whe, a Republin lawmaker nng for statewi... * gay marriage in tx *

The rult of that se is unlikely to terme the future of gay marriage Texas—even the attorney argug for the divorce sists that “gay marriage and gay divorce are two separate thgs”—though may open the door for the s that likely will.

But the sea change how gay marriage has been treated natnally sce Texas voters outlawed 2005 suggts that if a change do e, probably won’t be a surprise at this pot. Acrdg to the Texas judicial missn’s 2019 warng, Hensley referred gay upl who wanted her to pri over their marriage ceremony to other people who would officiate.

TEXAS ATTORNEY GENERAL’S OFFICE FERS TO U.S. SUPREME COURT ON GAY MARRIAGE QUTN

AUSTIN — The Texas Attorney General’s Office won’t weigh on whether the landmark U.S. Supreme Court se legalizg gay marriage appli to private... * gay marriage in tx *

Supreme Court to revis lgs on gay sex and marriage, Texas is the stage for several lawsus alg wh LGBT now, a half dozen s on everythg om surance verage for HIV preventn to employment discrimatn and same-sex marriage are wendg their way through state and feral urts here. Their out uld radilly alter rights for lbian, gay, bisexual and transgenr people Texas and across the lawsus all have one thg mon: former Texas solicor general Jonathan known as the man behd the state law that allows Texans to file civil lawsus agast people who help pregnant people get abortns, Mchell opened up a law firm At four years ago wh the goal of systematilly dismantlg s of urt lgs he believ part om the U.

Related:After Roe, archect of Texas abortn law sets sights on gay marriage and moreGay marriageDianne Hensley vs.

(Northern District of Texas)Summary: Both of the s were brought by Texas officials wh the thory to perform weddgs but who do not want to offer marriag to same-sex upl bee they say vlat their relig se state urt, filed by McLennan County Jtice of the Peace Dianne Hensely, argu that marriage officiants who are ernment officials should be able to rece themselv om performg ceremoni for gay upl if the upl have a viable alternative optn to be wed. Supreme Court erred when clared gay marriage bans unnstutnal 2015. In his ncurrg opn the cisn overturng Roe last month, Clarence Thomas urged his fellow jtic to take up the issue if a se qutng the nstutnal right to gay marriage prents self.

THE FIRST 72 HOURS OF LEGAL GAY MARRIAGE TEXAS HAVE BEEN EVENTFUL

” The su also targets the Affordable Care Act’s mechanisms for cidg which re private surers mt ver, argug giv the feral agenci and other unelected bodi undue ntrol over cisns that should rema wh su specifilly mentns ntraceptn and the HIV preventn dgs known as PreP, which the platiffs say “facilate and enurage homosexual behavr, prostutn, sexual promiscuy, and traveno dg e.

We saw stat before Obergefell, some stat were movg to allow gay marriage, other stat were movg to allow civil partnerships. :Clarence Thomas lls for Supreme Court to 'rensir' gay marriage, ntraceptn'New era' or 'dark day'?

"In Obergefell, the urt said, 'No, we know better than you guys do, and now every state mt, mt sanctn and perm gay marriage. Hodg that stat n’t ban same-sex marriag, clarg that gay, lbian and bisexual Amerins have a nstutnal right to marry.

*BEAR-MAGAZINE.COM* GAY MARRIAGE IN TX

What the History of Gay Marriage Legislatn Texas Can Teach Us About Its Future – Texas Monthly .

TOP