Two BIG Wins!!

In the first of two BIG wins yesterday, Federal District Court Judge Orlando Garcia issued a 48 page ruling declaring the ban on Marriage Equality in Texas was unconstitutional.  However, Judge Garcia stayed his decision pending an appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. Even if he had not stayed the decision, the preliminary injunction would have applied only to the two same-sex couples who filed the lawsuit challenging the marriage bans, known as DeLeon v. Perry.  In his ruling, Judge Garcia said “The issue before this court is whether Texas’ current definition of marriage is permissible under the United States Constitution,”...“After careful consideration, and applying the laws as it must, the Court holds that Texas’ prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process,” Garcia wrote. “Texas’ current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason. Accordingly, the Court finds these laws are unconstitutional and hereby grants a preliminary injunction enjoining Defendants from enforcing Texas’ bans on same-sex marriage.”

Judge Garcia cited the Windsor ruling by SCOTUS in making his own ruling stating “Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent,” he said in his order. “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”

Of course the two biggest homophobes in state government, nitwit Governor Rick Perry and xenophobic Attorney General and Gubernatorial candidate Greg Abbot, both threw hissy fits over Judge Garcia's ruling.  Governor Perry released the following statement "Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our Constitution, and it is not the role of the federal government to overturn the will of our citizens. The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state."

Attorney General Abbot then said “This is an issue on which there are good, well-meaning people on both sides. And, as the lower court acknowledged today, it’s an issue that will ultimately be resolved by a higher court. Texas will begin that process by appealing today’s ruling to the Fifth Circuit. Because the judge has stayed his own decision, his ruling has no immediate practical effect. Instead, the ultimate decision about Texas law will be made by the Court of Appeals or the U.S. Supreme Court.

“The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage. The Texas Constitution defines marriage as between one man and one woman. If the Fifth Circuit honors those precedents, then today’s decision should be overturned and the Texas Constitution will be upheld.”

Apparently neither of the 'gentlemen' in question has ever even read the US Constitution or the Windsor ruling by the Supreme Court.  Too Bad, So Sad!  While Judge Garcia's ruling will be appealed and may eventually make its way to the Supreme Court, his ruling is unlikely to be overturned.  Then, something I never thought I would see in my lifetime, Gay folks will be able to get married in Texas and/or have their legal out of state marriages recognized as valid in Texas.  As he always does, Ari Ezra Waldman gives his expert summary and analysis of the ruling over on Towleroad.com, which is a must read for those who are following the Marriage Equality battle.

The other BIG win yesterday was in Arizona where Governor Jan Brewer vetoed the heinous SB1062 bill that purportedly was to protect 'religious freedom'.  In her remarks after the veto, Governor Brewer said "Senate Bill 1062 does not address a specific and present concern related to religious liberty in Arizona. I have not heard of one example in Arizona where a business owner’s religious liberty has been violated. The bill is broadly worded and could result in unintended and negative consequences. After weighing all of the arguments, I vetoed Senate Bill 1062 moments ago....Religious liberty is a core American and Arizona value, so is non-discrimination. Going forward, let’s turn the ugliness of the debate over Senate Bill 1062 into a renewed search for greater respect and understanding among ALL Arizonans and Americans."

In regards to the religious liberty argument put forth by conservative politicians and Bible thumpers alike, they all should read this Religious Freedom Parable before they next consider another 'religious freedom' statute to enshrine discrimination into law.  In fact, you all should probably read it too, just to see how far off the track 'religious freedom' laws could get when they are only intended to affect 'those people'.  Funny how what is good for the goose is not always good for the gander...

Your Musical Moment for today features the String Quartet in C Minor, Opus 51, Number 1 by Johannes Brahms performed by Vegh Quartet {Sandor Végh (1st Violin); Sandor Zoeldy (2nd Violin); Georges Janzer (Viola); Paul Szabo (Cello)} recorded circa 1955.  You may also hear String Quartet in C major, Op.76, No.3 - Hob.III:77 "Kaiserquartett" by Franz Joseph Haydn over on my tumblr.

Then as it is Thursday, it is once again time for some denim dynamite for your visual appreciation in this week's edition of Men In Jeans on display below the video.  You can check the Hottie of the Day! also on my tumblr.  Thanks for sharing part of your day with me, see you again on the morrow.  Until next time as always, Enjoy!