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EQUAL PROTECTION MEANS EQUAL PROTECTION On Thursday, October 1st, a Dallas judge ruled that the Texas prohibition on marriage for same-sex couples violates the equal protection clause of the United States Constitution. Equality Texas supports marriage equality. We
appreciate the seriousness of Judge Tena Callahan’s ruling
and its recognition that a couple legally married in another
state has the right to pursue the dissolution of that marriage
in Texas when they reside in Texas – a right that any
other couple has. While we are pleased that such a ruling has been made, we
realize that Texas’ ban on marriage for same-sex couples
is a long way from being over. We do not anticipate the Texas
Attorney General, the Governor, or even candidates for statewide
office will let this ruling rest undisturbed. However, Judge
Callahan’s ruling encourages us that progress is being
made, even here in Texas. In 2005, Texas voters approved an amendment to the Texas
Constitution prohibiting the recognition of married same-sex
couples. A judicial ruling that this prohibition violates
the United States Constitution comes as no surprise to anyone
who understands that venerable document. While we live in a
democracy, the Constitution acts as a limit upon the powers of
the popular majority, and the powers of the federal and state
governments acting on behalf of that majority. And, because of
the nature of our government, state laws, even state
constitutions, must comply with the requirements of the US
Constitution. While it is left up to each state to define
what constitutes a marriage, the states are not free to deny the
equal protections of their courts, or laws, to any citizen.
In the Dallas case, two men were legally married in
Massachusetts in 2006. They later moved to Texas and in
January 2009 decided to divorce. As all divorcing
couples who reside in Texas must do, they filed for divorce in
the Texas civil courts. Divorce papers are filed where you live,
not where you got married. However, rather than
let this personal tragedy pass quietly, Texas Attorney General
Greg Abbott attempted to insert himself into the private case
between two people and tried to have the divorce case thrown out
of court. It would be intolerable if the Attorney General tried to
intervene in a divorce case between a man and a woman. It is
equally so when the divorce involves two men. Quite simply, it
is none of his business. To assert that the solution for
this couple is to move back to Massachusetts, live there for six
months, establish residency, and then avail themselves of the
Massachusetts courts is unrealistic to the point of absurdity,
and is incompatible with the requirements of modern life.
Fortunately, Judge Callahan recognized the absurdity of the
Attorney General’s position, ruling that denying a
same-sex couple access to Texas Courts in order to achieve a
divorce denies them equal protection under the law pursuant to
the Fourteenth Amendment of the US Constitution. Equality Texas is working for a state where all Texans are treated equally, with dignity and respect. We will work with our partner organizations to follow this case as it goes through the appellate process, and we will continue to educate Texans about the importance of policies and legislation needed to assure equal protection in our communities, homes, families, and workplace. A copy of Judge Callahan's ruling is posted on the Equality Texas Blog. Posted by:
Randall Terrell |
