Neff: In Texas, only gay marriage is til death do they part
Spouses can’t always take that bit about “till death do us part” literally.
And judges and lawyers don’t always take that bit about “till death do us part” literally either. Some dedicate their workdays dissolving such vows.
Yet in some states that don’t recognize same-sex marriages, same-sex marriages could last till death do they part.
Oh, these funny times.
A Dallas man, identified only as J.B. in court papers and the press, is trying to divorce a man he married four years ago in Massachusetts and separated from — amicably enough — two years ago.
J.B. was winning his case for divorce before District Judge Tena Callahan, when the Texas Attorney General tried to intervene and stop the process. It seems that because the state of Texas does not recognize same-sex marriages, the court shouldn’t divorce the two men, according to the AG.
Callahan ruled against the AG, which appealed her decision.
“My client is a married man and he needs a divorce. But for the actions of the attorney general, there would already be one less same-sex marriage in Texas,” attorney Jody Scheske told a three-judge appeals court panel in a hearing last week.
Oh, these funny times.
“The parties lack standing to file a divorce because they are not married. If you are not party to a marriage, you cannot file for a divorce,” an assistant Texas solicitor general argued last week before the federal appeals court.
The assistant Texas solicitor general said, the court should “void” the union not divorce the men.
An annulment, then, is Texas’ preferred alternative to a gay couple’s divorce.
Oh, these funny times.
The stakes in this Texas case are considerable, because in finding that she has standing to hear the gay man’s request for a divorce, Callahan also found that Texas’ 2005 constitutional amendment that defines marriage exclusively as a union between a man and a woman violates the right to equal protection and therefore violates the 14th Amendment to the U.S. Constitution.
Had the Texas Attorney General not tried to intervene and block the court from hearing the divorce case, the district court judge might not have deemed the anti-gay amendment unconstitutional. We don’t know really. Callahan might have taken up the constitutional issue, or she simply might have granted the divorce.
Attorneys for J.B. say they didn’t want a constitutional fight or a federal case — just a divorce for their client.
“My client’s very private matter has become a public spectacle,” Scheske told the court last week.
Oh, these funny times.
J.B., seeking to end his marriage, is at the forefront of a legal dispute that could tear down a ban against gay marriage in Texas.
And opponents of gay marriage are worried, which is why the Plano-based right-wing Liberty Institute argued alongside the attorney general against what it called “judicial activism at it’s worst.”
Opposing J.B.’s divorce, Liberty Institute attorney Hiram Sasser said a gay divorce is an attack on same-sex marriage.
Oh, these funny times.
And Sasser, who said he represented the two authors of the anti-gay amendment that 76 percent of Texas voters supported in 2005, cited Bill Clinton in his defense of the Texas ban and his opposition to the gay couple’s divorce.
Clinton signed the federal Defense of Marriage Act that allowed states to refuse to honor another state’s same-sex marriage and defined marriage at the federal level as the union of one man and one woman.
“I think President Clinton said it best when he said we have to honor the decisions of the states,” Sasser said.
The former president, however, has said that his position on same-sex marriage is evolved and he “didn’t like signing DOMA.”
Oh, these funny times.
Supreme Court reinstates death sentence for anti-gay neo-Nazi
(Cleveland) The Supreme Court on Tuesday reinstated for a second time the death sentence of a neo-Nazi convicted of murdering three men in Ohio more than a quarter century ago.
The justices ruled unanimously that a federal appeals court wrongly set aside the death sentence of Frank Spisak.
The 6th U.S. Circuit …
Court allows release of domestic partner petitions
(Seattle) Washington’s secretary of state can release the names and addresses of people who signed petitions calling for a public vote on the state’s expanded benefits for domestic partners, a federal appeals court said Thursday.
A panel of the 9th U.S. Circuit Court of Appeals reversed a previous decision by U.S. …
Court nixes $5M verdict against Phelps
(Richmond, Va.) A federal appeals court on Thursday tossed out a $5 million verdict against protesters who carried signs with inflammatory messages like “Thank God for dead soldiers” outside the Maryland funeral of a U.S. Marine killed in Iraq.
A three-judge panel of the 4th U.S. Circuit Court of Appeals said …
Supreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”
The Supreme Court on Monday agreed with the Obama administration and upheld Pentagon policy barring gays and lesbians from serving openly in the military.
The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the “don’t ask, don’t tell” policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
During last year’s campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won’t stop gays and lesbians from being dismissed from the military.
In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy “implements the law.”
“The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex,” Whitman said in a statement.
A legal advocacy group vowed to press ahead with efforts to reverse the policy despite the legal setback.
“We don’t see that at all as bad news for repeal,” said Kevin Nix, spokesman for the Servicemembers Legal Defense Network. “What happened today puts the ball back into the court of Congress and the White House to repeal the law, and that’s where we think it should be right now.”
See Supreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”
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Is White House’s inaction a step towards lifting military ban?
- Is White House’s inaction a step towards lifting military ban?
An order by a federal appeals court in San Francisco that directs the government to present a justification for the “Don’t Ask, Don’t Tell”-based ouster of a lesbian decorated military officer will stand because the Obama White House opted to not appeal the ruling to the U.S. Supreme Court. The decision is being viewed by some activists as a positive step toward President Barack Obama upholding his campaign pledge to end the military ban. The Wall Street Journal (5/19)
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Obama Avoids Test on Gays in Military
WASHINGTON — The Obama administration has decided to accept an appeals-court ruling that could undermine the military’s ban on service members found to be gay.
A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn’t be required to argue the merits in her individual case.
The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.
The move “takes the issue off the front burner,” as a trial and subsequent appeals could take years before the question returns to the Supreme Court, said an official familiar with the matter.
The decision comes as President Barack Obama attempts a balancing act on gay rights. He was elected with strong support from the gay community and promised action on a number of issues. But mindful of the complex politics, the White House has moved slowly.
See Obama Avoids Test on Gays in Military Wall Street Journal
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Obama begins to reshape bench
(Washington) President Barack Obama nominated a moderate Indiana judge Tuesday to serve on a Midwestern federal appeals court, his first step toward reshaping the federal judiciary and preparing for a possible Supreme Court opening.
The White House chose U.S. District Judge David Hamilton of Indiana for the Chicago-based 7th U.S. Circuit …
Federal appeals court asked to revive case against Baptist childcare agency
(Cincinnati, Ohio) A federal appeals court was asked Tuesday to reinstate a lawsuit accusing a Baptist childcare agency of proselytizing youngsters in its care and firing gay employees.
The lawsuit was brought by Americans United for Separation of Church and State and the American Civil Liberties Union.
It asserts that Kentucky Baptist …
Federal appeals court asked to revive case against Baptist childcare agency
(Cincinnati, Ohio) A federal appeals court was asked Tuesday to reinstate a lawsuit accusing a Baptist childcare agency of proselytizing youngsters in its care and firing gay employees.
The lawsuit was brought by Americans United for Separation of Church and State and the American Civil Liberties Union.
It asserts that Kentucky Baptist …
