same-sex marriage is legal in Texas and all other US states according to the US Supreme Court decision of Obergefell v. Hodges on June 26, 2015. Similar couples start getting marriage certificates in some areas of the country within hours of the decision, while other countries await directives from state officials, the local district attorney's suggestion, or are waiting for a corrected state marriage license form. In one or more areas, local officials or judges refuse to marry same-sex couples based on religion. Attorney General Ken Paxton issued an opinion in favor of officials who refused to grant marriage permits that were contrary to Obergefell's rules.
Before that came to power, same-sex marriage was illegal in Texas, though state court ordered Travis County officers to issue a marriage certificate for two women on February 19, 2015, citing the illness of one of them. On February 26, 2014, Judge Orlando Garcia, from the United States District Court for the Western District of Texas, found that the Texas ban on same-sex marriage was unconstitutional. On April 23, 2014, Judge Barbara Nellermoe, from the 45th Judicial District Court of Bexar County, found that the Texas ban on same-sex marriage was unconstitutional. Both cases were appealed.
After Obergefell came to power, almost all districts began issuing marriage licenses for same-sex couples. On June 20, 2017, Irion County is the only place in Texas. It is the only district in the country that refuses to issue marriage certificates for same-sex couples, others are in Alabama. In August 2015, two other Texas countries (Loving and Mills) also refused to grant licenses to same-sex couples, claiming to have suspended their temporary implementation of updating documents or software, but they have begun issuing on September 4.
Video Same-sex marriage in Texas
Statute
In 1997, the Texas Legislature banned the issuance of marriage licenses for same-sex couples. In 2003, the Legislature enacted laws that make vacancies in Texas same-sex marriages or civil unions. This law also prohibits any state or institution or political subdivision of any country to impose same-sex marriage or civil unions conducted in other jurisdictions.
During the regular session of the Legislative 2013, House Bill 1300 by Representative Lon Burnam will lift the same-sex marriage ban, however, the bill dies at the House Affairs Committee's House of Representatives. Senate Bill 480 by Senator Juan Hinojosa will lift only the ban on civil unions; However, the bill is also dead on the committee.
In December 2016, Senator JosÃÆ'Â Â © R. RodrÃÆ'guez filed a bill in Texas Legislature to formally abolish the state ban on same-sex marriage.
Maps Same-sex marriage in Texas
Constitution
On November 8, 2005, Texas voters approved the Texas Proposition 2 amending the Texas Constitution to define marriage as being "only one man and one union" and forbidding the state or political part of the country to create or recognize "Any identical legal status or similar to marriage. " The Save Texas Marriage wedding action committee, which opposes the amendment, argued before voting that a poorly designed amendment would ban all forms of marriage, the views of the Texas Attorney General rejected when the language was considered by the Texas Senate. Kelly Shackleford, president of the Free Market Foundation and supporters of the change, said, "The words clearly recognize marriage in Texas as between a man and a woman...." and do not ban marriage in general.
During the regular Legislative 2013 session, House Joint Resolution 77 by Representative Rafael Anchia, House Joint Resolution 78 by Garnet Coleman Representative, and Senate Joint Resolution 29 by Senator José R. Rodriguez will revoke the definition of marriage constitution, however, all of these resolutions are dead on each committee.
De Leon v. Perry
In November 2013, married lesbian couples in Massachusetts and unmarried same-sex couples opposed a nation-state marriage ban. The case, De Leon v. Perry , assigned to Federal District Judge Orlando Garcia. On February 26, Judge Garcia decided against the Texas ban on same-sex marriage. Garcia agrees with the plaintiff's argument that homosexuals are a class of suspects who are entitled to more demanding review standards, more rigorous scrutiny, but find that state arguments fail "even below the most reasonable rational level of review of equal protection Regarding legal proceedings and rejection he declared that the state had "failed to identify rational, let alone exciting, reasons served by denying same-sex couples as a fundamental right to marry." He continued to uphold his verdict pending appeal to the Fifth Circuit Court of Appeals Attorney General Greg Abbott said the state would appeal the decision.Governor Rick Perry said: "The 10th Amendment guarantees Texas voters the freedom to make this decision, and this is another attempt to achieve through judge n what can not be achieved in the ballot box. We will continue to fight for the rights of the Texans to decide for themselves the laws of our country. "
The case is still pending on the Fifth Circuit when the US Supreme Court decides on June 26, 2015, at Obergefell v. Hodges that the denial of marriage rights for same-sex couples is unconstitutional. On July 1, the Fifth Circuit confirmed the decision of the district court in favor of the plaintiffs. The verdict returned the case to Judge Garcia, with instructions for issuing the last order that struck Texas's marriage ban. Garcia had lifted the stay from the hour of the previous order after Obergefell was disconnected, and promptly issued the final order.
Country lawsuit
In Marriage Issues A.L.F.L. and K.L.L.
On February 18, 2014, same-sex couples, married in Washington D.C., filed for divorce and custody of children. On April 23, 2014, Judge Barbara Nellermoe, of the 45th Judicial District Court of Bexar District, ruled that three parts of the Texas Family Code, as well as Section 32 of the Texas Constitution, were unconstitutional. On April 25, 2014, Texas Attorney General Greg Abbott appealed the decision. On May 15, 2014, Judge Nellermoe dismissed calls by state officials to block divorce cases and parenting of same-sex couples from the trial process. He also arranged a May 29 detention check in San Antonio for a battle between spouses over their daughter's custody.
In Re Marriage of J.B. and H.B.
In 2009, same-sex married couples in Massachusetts filed for divorce in Dallas, but before the district court can grant a divorce, the Texas Attorney General intervened and challenged the court's jurisdiction to do so. On October 2, 2009, the district court ruled, in the case of In Re Marriage JB and HB that, insofar as the Texas law is intended to prevent two persons legally married in Massachusetts from obtaining a divorce in Texas, the invite is unconstitutional. Attorney General of Texas appealed and on August 31, 2010, the Fifth Court of Appeal overturned a lower court, ruling that a same-sex marriage ban did not violate the Equal Protection Clause of the Fourteenth Amendment.
On July 3, 2013, the Supreme Court of Texas spontaneously ordered an additional benefit directive in the light of the United States v. Windsor .
Texas v. Naylor
In Austin, same-sex married couples in Massachusetts filed for divorce, and the district court actually gave the divorce before the attorney general could intervene. The Attorney General also appealed the decision, but on January 7, 2011, the Third Appeal Court in Austin, in the case of Texas v. Naylor states that the state has no right to intervene in this case. , to challenge divorce on appeal.
The Texas Supreme Court heard oral arguments on November 5, 2013. On June 19, 2015, the Supreme Court upheld the lower court in 5-3, stating that the Attorney General did not stand to intervene. Divorce has been granted, although the marriage was never recognized by the State of Texas.
Travis County Case
On February 17, 2015, Travis County Probate Judge Guy Herman, who heard of the disputed legacy, found the state's refusal to recognize unconstitutional marriage unconstitutional and recognize the common law marriage of two women for the purpose of inheritance. Attorney General Ken Paxton intervened to cancel his actions.
Two days later, District District Judge David Wahlberg ordered Travis County officials to issue marriage certificates for two women, Sarah Goodfriend and Suzanne Bryant, citing the severe illness of one of them. Licenses were issued and the women were married that day.
The Texas Supreme Court retained the judge's order on February 19, 2015, and the next day Paxton asked the court to cancel the Goodfriend-Bryant's wedding license. Response from all parties matured on April 13, 2015. In April 2016, the Texas Supreme Court rejected Paxton's attempt to cancel the marriage.
Margin statistics
According to the Texas Department of Health Services, about 2,500 same-sex couples married in Texas in the first three months after the US Supreme Court ruling. It accounts for about 6% of all marriage licenses issued in the state. Tarrant County, the third largest area in Texas, issued 300 same-sex marriage papers. Harris and Travis are the top districts for same-sex marriages in the state.
From June 2015 to June 2016, 248 same-sex couples were married in El Paso County.
Public opinion
See also
- LGBT Rights in Texas
- Recognition of same-sex unions in Texas
- same sex marriage status
- same-sex marriage line
References
External links
- De Leon v. Perry , US District Court, February 26, 2014
Source of the article : Wikipedia
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