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Marriage Equality

This topic contains 9 replies, has 10 voices, and was last updated by  Brownie Ellis Mackie 9 years, 4 months ago.

  • Marriage Equality

    Started by Shelby Cole

    You said this weekend at the Tribune Festival that you see the SCOTUS’ ruling on Voter ID to be the final ruling, and that the highest court is the last line and has the final say on social issues. Why, then, will you continue to fight against marriage equality for gay and lesbian Americans and Texans when DOMA was overturned just this summer? Seems a bit hypocritical to me.

    9
    Replies

    I agree with Shelby. I have gay family members, and it doesn’t make any sense to continue to deny them equal protection.

    Please start protecting all Texas families!

    While I have nothing against gay people and will agree that maybe they should receive the benefits the same as other married couples, I have never believed that marriage should be re-defined. This belief is not set in religion at all. It is just a normal fact that one man and one woman go together in marriage. It has been that way since anyone can remember. I have never understood why gays insist on ‘marriage’ instead of some other viable alternative that would get them the same benefits which is what they say they really want, while leaving marriage alone and not upsetting the beliefs of a huge portion of not only the country but the world too.

    I just do not believe Marriage should be re-defined to appease 3% of the population, no matter what the scotus says.

    Ms. Cole,

    Thank you for your question.

    In fact, the Supreme Court overturned only Section of the 1996 Defense of Marriage Act in the 2013 case of United States v. Windsor. Notably, Section 2 still stands in federal law, providing that “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”

    In fact, the law in Texas is clear, with Texas Constitution Article I, Section 31 providing that:
    (a) Marriage in this state shall consist only of the union of one man and one woman.
    (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

    This provision entered the state constitution upon passage by a clear majority of the state population, 76.25%, in 2005.

    Given the clear will of Congress and of the people of Texas thus demonstrated, don’t democratic values urge Texans to support the position that marriage is between one man and one woman?

    Mike Goldman
    Policy Analyst, Texans for Greg Abbott

    Mr. Goldman,

    While you point out that Texas has a constitutional right to pass marriage laws excluding homosexual couples, how do you justify Texas’ disregard for Full Faith and Credit? Secondly, by refusing to recognize out of state homosexual marriages, Texas is in direct violation of the Equal Protection Clause of the 14th Amendment unless they also fail to recognize out of state heterosexual marriages.

    I have deep concern for Greg Abbott’s grab bag approach to the United States Constitution.

    Texas marriage laws are an artifact of failing to separate Church and State.

    Marriage, as an article of faith, should be defined entirely within the faith in which that marriage is observed. No church has the right to dictate the marriage rules of another church. If your faith demands that marriage be between one man and one woman, then do it that way. But you have no right to dictate another’s faith. This is fundamental to the freedom of religion enshrined in the 1st Amendment to the US constitution.

    Such freedom is also enshrined in the Texas constitution, specifically sections 3a and 6

    Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.

    Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

    Marriage as an artifact of law is about the distribution of assets and rights within a domestic partnership. We have a large body of law relating to the formation of business division of assets and right, including sole proprietorships, partnerships, limited liability companies, and corporations. We have no legal reason to restrict partnership law such that it applies domestically only to heterosexual pairings.

    While Texas voters inarguably adopted such a law, that law is illegal insofar as it fundamentally conflicts with 3a and 6 of the Texas constitution. No amount of Bible misreading can justify this conflict. Rather, we have adopted a law that mandates a particular faith-view, in violation of all that we hold holy about the relationship of Church and State.

    Banning marriage equality does in no way shape or form protect heterosexual marriages, ending discrimination does in no way harm heterosexual marriages .

    States that have recognized marriage equality have seen an uptick in the number and duration of heterosexual marriages. States that continue enshrine discrimination in their constitutions have higher percentages of failed heterosexual marriages.

    Discriminating against gay people does not make you pro-heterosexual marriage, it only makes you anti-gay. If you wanted to promote and protect “traditional” marriage, you would ban straight divorce and set up workshops to keep heterosexual marriages intact.

    I could never vote for a politician or party who’s official platform includes discrimination against gay people like myself, my friends, and several family members.

    The folks who fight against equality overwhelmingly claim their views are dictated by their faith, so when are they going to begin outlawing divorce, mixed fabrics, inter-faith marriage, crops planted together in the same year, women speaking aloud in church, and the myriad of inconvenient biblical rules and regulations they choose to ignore?

    All the “myriad of inconvenient biblical rules and regulations [Christians] choose to ignore” of your statement, displays a very deep ignorance of biblical teaching and theology proper. Not understanding historical biblical context usually leads to misleading statements like the one you have made here.

    “They want to be teachers of the law, but they do not know what they are talking about or what they so confidently affirm. We know that the law is good if one uses it properly.” (1 Tim. 1:7-8)

    Who cares what the bible says? It’s just some old book with outdated and erroneous information. Believe whatever you want, but don’t force it down my throat. Why can’t we just let people be? If you have a problem with homosexuality, I suggest you look at the facts and get over yourself. Christianity is pretty much a minority these days. I guess you better pray harder, but stay out of politics. It’s in the interest of the majority.

    Gov. Abbott: I was one of your staunchest supporters. I believe sincerely that perhaps there’s one positive thing you can do for this state.

    Please listen to the arguments for the implimentation of marriage rights for gay and lesbian residents of Texas.

    We have a gay daughter and a gay grandson. They are honest, hardworking, productive adults, who deserve a chance to be with a partner for the rest of their lives legally, so that when one partner dies and is gravely ill, they may implement the legal rights of the spouse to care for that partner honestly and openly. Everybody else (prostititutes, criminals, homeless people, divorced people, you name it) can legally marry and exercise those rights, but the productive, (many God fearing), kind, talented LGBT community cannot. They are loving and loved members of many families in this state.

    I do hope you will take a discerning second look at the scope of this situation and do something to open the pathway for them to marry as soon as possible.

    Thank you for your kind consideration of this matter.

    Sincerely,
    Mrs. Brownie Ellis MacKie
    Retired Texas Teacher, Mother of four, Grandmother of eight
    and wife of James D. MacKie; retired career Army CWO

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