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

Contents:

• 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 CDTLISTENAUSTIN — 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
• WHAT THE HISTORY OF GAY MARRIAGE LEGISLATN TEXAS CAN TEACH US ABOUT ITS FUTURE
• TEXAS JUDGE WHO DON'T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER'S SUPREME COURT SE HELPS HER FIGHT
• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• TEXAS LAWMAKER WANTS TO INVALIDATE GAY MARRIAG
• WHAT THE HISTORY OF GAY MARRIAGE LEGISLATN TEXAS CAN TEACH US ABOUT ITS FUTURE

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 CDTLISTENAUSTIN — 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

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.

AUSTIN — Do private cizens Texas need to regnize gay marriag? Whe’s requt for opn ed a stir on social media, bafflg nstutnal scholars and angerg gay rights than six years after the U. Supreme Court legalized gay marriage natnwi Obergefell vs.

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. ”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 mentned the rights of clergy to reject gay unns — but said that is not the sole reason he filed this requt. In Louisiana, for example, law enforcement officers arrted gay men unr the lor of that state’s ban on gay sexual ntact 2013 and 2015.

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

”Paxton, a Republin opposed to expandg gay rights, is up for reelectn next year. “If he is sayg that private cizens nnot regnize same-sex marriag, then that is clearly a vlatn of the First Amendment, ” Carpenter murred when asked whether he wants Paxton to say Texans are banned om regnizg gay unns. As for his personal beliefs, Whe said he supports the “one man, one woman” fn of marriage but add that do not mean he has “had bad experienc” wh gay upl.

"Acrdg to the Travis County clerk's office, Judge David Wahlberg signed a state urt orr Thursday, mandg Travis County Clerk Dana Debevoir to "cease and sist relyg on the unnstutnal Texas prohibns agast same-sex marriage as a basis for not issug a marriage license specifilly to Platiffs Sarah Goodiend and Suzanne Bryant" bee Goodiend has ovarian uple married unr the judge's one-time urt Texas Supreme Court issued an emergency orr blockg gay upl om obtag marriage licens after the uple wed Thursday.

"Texas' -old, voter-approved ban on gay marriage was clared unnstutnal feral urt last year, but the judge stayed the lg to allow the state to appeal.

TEXAS JUDGE WHO DON'T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER'S SUPREME COURT SE HELPS HER FIGHT

Supreme Court is expected to terme later this year whether gay marriage bans natnwi are unnstutnal. The legal ti has recent years swung sharply favor of gay marriage, which has rapidly gaed acceptance, acrdg to polls. Hodg … requir private cizens to regnize homosexual marriag when the law of Texas ntu to fe marriage exclively as the unn of one man and one woman.

Whe nclus the letter by wrg, “I rpectfully ask that you clarify that neher Obergefell nor De Leon requir private cizens to regnize homosexual marriag, and neher cisn requir or allows them to disregard the extant law of Texas that ntu to fe marriage…. Jam Whe, a Republin nng for agriculture missner, has asked AG Ken Paxton whether private cizens Texas need to regnize gay marriag. Dallas Morng News vtigative reporter Lren McGghy also not that the state still has a law emg “homosexual nduct” a Class C mismeanor the Crimal Co as well, although the Supreme Court emed unnstutnal 2018.

“Legislative lears TX issued an opn statg legalized gay marriage shouldn’t be permted the Lone Star State bee they feel state law tmps the SCOTUS lg Obergefell v Hodg, ” the Lln Project, a polil actn mtee, stated a tweet sharg a py of the letter. Legislative lears TX issued an opn statg legalized gay marriage shouldn’t be permted the Lone Star State bee they feel state law tmps the SCOTUS lg Obergefell v Hodg. TX lawmakers have also never axed a state statute makg "homosexual nduct" a Class C mismeanor.

STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS

González, who is a member of the @txlgbtquc, add this about her lleague's requt to religate the Supreme Court's lg upholdg gay marriage. you’re daily remr that gay rights are still unr attack texas, and that republin lears are as homophobic as ever before. 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.

” 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.

TEXAS LAWMAKER WANTS TO INVALIDATE GAY MARRIAG

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.

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

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. 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.