same-sex marriage

Court: Texas AG Cannot Halt Same-Sex Couple's Divorce

Jun 19, 2015
Bob Daemmrich/Texas Tribune

From the Texas Tribune: As Texas waits on the U.S. Supreme Court to rule on same-sex marriage, the state's highest civil court ruled Friday that the Texas attorney general tried too late to stop the divorce of a Texas couple married in Massachusetts.

Five members of the Texas Supreme Court affirmed a 2011 opinion from the Austin-based 3rd Court of Appeals that said the attorney general's office did not have standing to appeal the divorce between Texas residents Angelique Naylor and Sabina Daly.

Morguefile/flickr

Religious objections to gay marriage would be protected from lawsuits, if a bill passed by the Texas House becomes law.

It got a first OK Thursday by the House and is expected to get final passage today. 

Morguefile/flickr

Today the Texas Senate gave preliminary approval to a bill — the Pastor Protection Act — that would allow religious ministers the right to deny performing a marriage ceremony to a couple if doing so would violate his or her religious beliefs. While the bill's sponsor, Sen. Craig Estes (R-Wichita Falls), acknowledged an anticipated U.S. Supreme Court decision this summer that could legalize same-sex marriage, he said the bill is designed to protect clergy members from potential lawsuits.  

Courtesy of Sarah Goodfriend and Suzanne Bryant

On Wednesday, a panel of House lawmakers discussed a proposal to change how marriage licenses are issued in Texas, giving that power to one appointed official: the Secretary of State.

The bill comes after the Travis County clerk issued a marriage license to a same-sex couple last month, after being ordered to do so by a judge.

State Rep. Cecil Bell (R-Magnolia) says his bill would take away the ability of the state’s 254 county clerks to issue marriage licenses, instead giving that power only to the Secretary of State.

Alabama Chief Justice to Speak on Same-Sex Marriage

Mar 16, 2015
americanlifeleague/flickr

Alabama Chief Justice Roy S. Moore went to war with the Supreme Court back in 2003, over the right to display the Ten Commandments outside an Alabama courthouse. As a result, the Alabama Judiciary removed Moore from his post during his first term.

Now, Moore talks about who has jurisdiction over marriage and divorce, equality of rights and the future of same-sex marriage.

Frankie Leon

From the Texas Tribune:

In an email forwarded to legislative staffers on Thursday, a Department of Public Safety captain warned of "glitter bombs" being sent to state lawmakers and attached a document titled "Glitter Bombing: Weapon of Choice for Gay Rights, Pro Choice Advocates." 

According to the DPS email, passed along to Senate chiefs of staff by Patsy Spaw, the secretary of the Senate, state Rep. Debbie Riddle's district office in Spring recently received such a parcel — a spring-loaded tube filled with glitter. 

Courtesy of Sarah Goodfriend and Suzanne Bryant

Attorney General Ken Paxton is calling on the Texas Supreme Court to invalidate the state’s first same-sex marriage. Paxton filed a petition with the high court just after noon today.

Gabriel Cristóver Pérez/KUT

Thursday morning at about 9:15, Sarah Goodfriend and Suzanne Bryant became the state’s first legally married same-sex couple.

You may have already heard about the marriage, but do you know what happened in the hour before that ceremony or the hours that followed?

Let’s spend a few minutes explaining what happened, and perhaps more importantly, what happens next.

Courtesy of Goodfriend and Bryant.

Sarah Goodfriend and Suzanne Bryant were married Thursday morning in Austin. The county clerk issued the couple a marriage license based on a court order. Theirs is Texas' first same-sex marriage.

The order, the county clerk's office confirms, will only apply to this one couple, one of whom is "medically fragile." [See the judge's order here.]

KUT's Nathan Bernier spoke with Goodfriend and Bryant earlier this afternoon.

Update Friday 1:36 p.m. Texas Attorney General Paxton filed a petition asking the Texas Supreme Court to rule that the same-sex marriage license issued yesterday is void. 

erin m/flickr

In an order handed down today, Travis County Probate Judge Guy Herman declared Texas's ban on same-sex marriages "unconstitutional."

The restriction of marriage to the "union of a man and a woman" violates the 14th amendment by excluding same-sex couples, the order says.

Karina Kling/Time Warner Cable News

Plaintiffs in a case challenging the same-sex marriage ban in Texas have filed a new request [read PDF here] asking the Fifth U.S. Circuit Court of Appeals to lift a stay on a federal judge’s ruling that the Texas ban on same-sex marriage is unconstitutional. That stay is in place while the appeals process continues.

Last year, U.S. District Judge Orlando Garcia in San Antonio ruled against the gay marriage ban in Texas, but he put that decision on hold temporarily while Texas appealed it.

Filipa Rodrigues/KUT

Texas' gay marriage ban will remain in effect for now. U.S. District Judge Orlando Garcia declined today to permit immediate same-sex marriages in Texas. 

In February, Judge Orlando Garcia ruled Texas’ same-sex marriage ban violated the U.S. Constitution’s promise of equal treatment under the law, but placed a hold that prevented same-sex couples from immediately getting married. Today, Judge Garcia declined a request to lift that stay on marriages, citing an impending appeal in the Fifth U.S. Circuit Court of Appeals.

A Marriage in Transition

Nov 20, 2014
Filipa Rodrigues for KUT

Tonight, in cities all around the world, people will gather together to remember those from the transgender community who have died. It's called the Transgender Day of Remembrance. Austin's memorial will be at 6:30 p.m. at City Hall.

Tonight's speaker is Greg Abbink, the first transgender police officer in the Austin Police Department. He joined the force after serving in the Army. Back then, his name was Emily Abbink. This summer, Emily decided to transition her appearance to that of a male.

"Because even at five years old, I vividly remember asking my parents, 'Why did God make me a girl?'" he says. "I used to pray at night that I would wake up as a boy."

Texas for Marriage

Gay-rights advocacy organizations Freedom to Marry and Equality Texas are teaming up to build support for same sex marriage in Texas.

Their campaign is called Texas for Marriage. It’s a grassroots effort to get volunteers in Texas spreading support for same-sex marriage – including Republicans.

Tyler Pratt/KUT

It’s a big day for supporters of same-sex marriage. The U.S. Supreme Court has refused to take up the issue this year, which means same-sex marriages can continue in five states that currently ban the practice.

But where does that leave Texas? 

The U.S. Supreme Court’s decision against weighing in on same-sex marriage means it will soon be legal in 30 states and the District of Columbia. 

But, in Texas, the marriages will not be allowed. A federal district judge ruled earlier this year that the Texas constitutional amendment defining marriage as between one man and one woman relegates same-sex couples to second-class citizenship. But the judge also allowed the ban on same-sex marriages to continue while the case winds through the appeals process.

photo courtesy Bobak Ha'Eri

Two couples challenging Texas’ ban on same-sex marriage are telling a federal appeals court that the ban, in their words, “defies logic."

In February, a federal judge in San Antonio struck down the voter-approved ban, but the state has appealed.

San Antonio attorney Neel Lane with Akin Gump represents the plaintiffs challenging the state’s ban on same-sex marriage. In written arguments to the appeals court filed yesterday [read PDF version of brief], he reiterates the claim that the ban is unconstitutional.

Marjorie Kamys Cotera, Texas Tribune

Attorney General Greg Abbott’s office filed a brief on Monday arguing that Texas’ ban on same-sex marriage is constitutionally sound and a matter for voters, not courts, to decide. 

The brief was filed with the 5th U.S. Circuit Court of Appeals, where the state is appealing a state district court judge’s February ruling that the ban is unconstitutional. The case pits two same-sex couples against Gov. Rick Perry, state Health Commissioner David Lakey and Abbott, who is also the Republican nominee for governor.

Same-sex marriage supporters continued to enjoy considerable legal momentum this week.

Sam Ortega for KUT News

Last May, Jason Collins – a 12-year veteran of the NBA – made history when he penned an editorial in Sport Illustrated revealing he was gay. "I didn't set out to be the first openly gay athlete playing in a major American team sport," he wrote. "But since I am, I'm happy to start the conversation."

The issue of homosexuality in sports has certainly become a topic of discussion, from the politics of the Sochi Olympics to NFL hopeful Michael Sam coming out as gay. But many athletes feel there is still a long way to go before gay players are fully welcomed into sports.

The ruling this week calling Texas' ban on same-sex marriage unconstitutional prompted plenty of reaction from politicos.

One of the lesser-known politicians to sound off: Dana DeBeauvoir. As Travis County Clerk, she's decidedly downballot of the state's top races. But DeBeauvoir is also uniquely affected by the decision, since the county clerk's office is responsible for issuing marriage licenses in Austin and Travis County.

When the ruling was announced, DeBeauvoir offered a ringing endorsement:

“Because of the stay order in the ruling, the County Clerk cannot issue marriage licenses to gay couples at this time. This is a joyous day, but we will have to wait a little longer to actually deliver the justice and equal rights gay couples so deserve.” 

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