The New State To Have A Federal Judge Restrict Its Same-Sex Marriage Ban

Submitted By jess090
Words: 1248
Pages: 5
Open Document
Current event
5/09/2012

Texas became the newest state to have a federal judge restrict its same-sex marriage ban. On February 26, 2014 in San Antonio, Orlando Garcia reversed the Texas ban on same-sex marriage, ruling that the prohibition is unconstitutional. Of course the court decision in Texas was only made in obedience with the U.S Constitution and the Supreme Court’s precedent.
Garcia stated, “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no shelter in our United States Constitution” In fact the laws in Texas could not deny people access to the foundation of marriage and its numerous rights and privileges because those people choose to be married with a person of the same sex. However, the 10th circuit plans to appeal the court ruling with the argument that States have the authority to define and regulate marriage. Those that oppose marriage of the same sex also argue that the 10th Amendment of the U.S. Constitution guarantees Texas voters the autonomy to decide on the restrictions for marriage. Texans spoke loud and clear by significant votes to define marriage as a union between a man and a woman and it is not the role of the federal government to overturn the will of the citizens.
Those that support same sex marriage in Texas argue that equal treatment of all individuals under the law is not simply an ambition it is a constitutional obligation. The law in Texas is unconstitutional because, without a rational reason to governmental purpose, it denies same-sex couples the benefits, pride and value of celebrating marriage. While critics argue that same-sex marriage would hurt children that are raised in them and that it would suppress reproduction. Allowing same sex marriages would also lead to of bigamy, incest, and group marriage. However, reproduction has never been a qualification for marriage and tradition cannot suffice as rational foundation for a law. In the end Garcia argued that Texas might have an 'unquestioned authority' to regulate and define marriage, but only in a way that does not overstep on an individual's constitutional rights.
I can tie this current event back my course, American government, as the issue of same sex marriage deals with interpreting the constitution. In the Wasserman book, it states the 1996 Defense of Marriage Act (DOMA), which defined marriage as exclusively between one man and one woman, and said that states could not be forced to recognize same-sex marriages authorized in another state. While that argument supports the right of the Texas government to oppress same sex marriage, the Fifth Amendment and the Fourteenth Amendment can be referenced as it prevents national and state governments from depriving individuals of their lives, liberty, or property without due process of law. Those amendments help with the argument that the state’s ban on same sex marriage violates their rights to due process and equal protection under the 14th amendment of the constitution of the United States. Texas failure to recognize out of state marriage is also unconstitutional.
When the U.S Supreme Court holds a decision on a court case, their ruling his used to set the standards for similar cases that follow. In a 5–4 decision, the Supreme Court found that sections of DOMA were unconstitutional (2013). The federal government cannot refuse to recognize valid same sex marriages. This case has a good argument because we will see if whether the lower court will continue to apply the Supreme Court’s decision in the case last year (United States v Windsor) or do what the federal government cannot. Also, the Supremacy Clause instructs that all state judges must follow the federal law when a conflict arises between federal law and state law so I am curious how this case will play out. http://www.scribd.com/doc/209429696/Texas-Gay-Marriage-Ruling Current event
5/09/2014

What began as protest movements known as the Arab Spring, where
Show More

Related Documents: The New State To Have A Federal Judge Restrict Its Same-Sex Marriage Ban

Current Event

Current Event Jennifer Butterfield Bryant & Stratton College Sociology 102 LaQuanda Madison 6/04/2013 Who: First grader Coy Mathis What: Coy is a transgendered child who was banned from using the girl’s restroom at her Colorado elementary school. Her parents want to sue the school for discrimination. Where: Colorado Why: Her parents want the school to realize that they cannot discriminate against her because she is transgendered This article is really interesting to me. I feel…

Words 339 - Pages 2

Ebola Current Events

Omar Jadallah November 6, 2014 Current Events Entry 4 SIERRA LEONE – Ebola outbreak ‘catastrophic’ Doctors without Borders says http://www.studentnewsdaily.com/world-current-events/news-from-zambia-burkina-faso-and-sierra-leone/Ebola has wiped out whole villages in Sierra Leone and may have caused many more deaths than the nearly 5,000 official global toll, a senior coordinator of the medical aid group MSF (Médecins Sans Frontières, or Doctors Without Borders) said Friday. Rony Zachariah of…

Words 597 - Pages 3

current events Essay

@02642435 12-2-13 Current Events Paper One of the most controversial topics in the news today, would be the suspension, extended suspension, and eventual reinstatement of the once three time pro bowl running back for the Baltimore Ravens, Ray Rice. Rice was initially suspended for 2 games after video surfaced of him dragging his unconscious fiancé out of a casino elevator. They both had been drinking and after a heated dispute, it was clear an altercation had occurred. The events that occurred in…

Words 512 - Pages 3

Ebola Current Events

Katelyn Sweatman Mrs. Vance AP Language 3 August 2014 Current Events This summer two Americans workers contracted the Ebola virus in Africa. These workers volunteered their own lives to try to help the people in Africa. The controversy is whether or not it was a good idea to bring the two Americans to Emory Hospital. On one side, people are worried about the Ebola virus spreading to America. People are concerned…

Words 778 - Pages 4

Current Event Analysis

Current Event Essay #3 December 4th, 2014 PSY 101-092 WB Edwin Rivas eddier94@live.com The article given is about how women choose their husbands, and study has shown that most of the husbands that the women choose are look alike to the woman’s husband. Women use a process called sexual imprinting, which is when an individual learns the characteristics of a desirable mate, and help he or she find a specific mate. Therefore, the wife and husband will have similar characteristics because the wife…

Words 347 - Pages 2

Microeconomics Current Event

Gerald Williams Microeconomics Current Event 5/13/2015 First Detroit, Now Chi-town Events like this get my mind to running and debating whether power like this should be in the hands of many or in the hands of the few. Recently according to Yahoo finance the city of Chicago has been ordered to pay back $2.2 billion back to the bank after one financial service (Moody’s Investors Service) dropped their credit rating to “junk”. In fact it was ranked to Ba1 which is one step below investment grade.…

Words 411 - Pages 2

Current Event Essay

Carolina De Leon 9:50-11:05am Current Event #2: US deficit falls faster than expected By James Politi Carolina De Leon ECO 2013 PRINCIPLES OF ECONOMICS MACRO HONORS October 6th, 2014 The United States Deficit is not just a large number. It’s a furious, roaring problem that shallows the U.S economy a little more each day. Deficit is debt and debt prohibits a country from reaching its full potential. US deficit falls faster than expected is an article informing the reader of the short-term…

Words 601 - Pages 3

Current Events Journal

Current Events Journal Jefferson, Luke 1) Article # 1 April 8th, 2014 5:52 P.M U.S. Attorney Asks Judge for Three Year Sentence for Former KPMG Partner http://online.wsj.com/news/articles/SB10001424052702304819004579489874016223650?mg=reno64-wsj Scott London, former KPMG LLP partner, pleaded guilty for an insider-trading scheme violation that can put him in prison for up to three years. London, gave secret corporal information, regarding companies such as: Sketchers, and Herbalife, to a friend…

Words 3595 - Pages 15

Current Events Essay

The people who will be affected if we change the current policy to be like our competitors and have nobody work from home will be the administrative employees who currently get to take advantage of working twenty percent of their time from home. If we take away the policy so no one can work from home like Best Buy and Yahoo recently did, than the employees will get angry and it will start collusion in the workplace. If we increase the current policy to allow our administrative employees to work…

Words 335 - Pages 2

Current Events Essay

The first civilizations started to emerge thousands of years ago. They were located close to rivers, Egypt being near the Nile, and Mesopotamia being between the Tigris and Euphrates rivers. The rivers and the surrounding environment forced the two civilizations to differ. Egypt and Mesopotamia were both one of the first civilizations, but their geographical locations made Egypt be more successful politically, religiously, and culturally. The rivers impacted both civilizations greatly. Egypt…

Words 1572 - Pages 7