US: Texas officials cite Puerto Rico ruling in defence of same-sex marriage ban

Nov 06 2014
Written by Aaron Day

Texas officials have cited a Puerto Rican federal judge’s decision to maintain a ban on equal marriage in their own defence over the issue.

Judges across the US have almost uniformly agreed that bans on same-sex marriage are unconstitutional after the Supreme Court struck down the Defence of Marriage Act last year.

However, District Judge Juan Perez-Gimenez dismissed a case against Puerto Rico’s same-sex marriage ban last month, becoming only the second to do so.

Chron reports Texas Solicitor General Jonathan Mitchell said the judge was right when he made the ruling.

Citing the Puerto Rico case, he said: “Conde-Vidal concludes that the definition of marriage is to be decided by the people and their elected representatives, not by federal judges.

”The sound decision in Conde-Vidal deserves this Court’s consideration.”

The ruling in Puerto Rico is expected to be overturned on appeal, as it is considered extremely unlikely to stand up to scrutiny.

Republican Greg Abbott – who defends a ban on same-sex marriage in Texas because ‘it’s the law’ – has refused to say whether he’d feel the same way about a ban on interracial marriage.

Mr Abbott previously claimed he supported a same-sex marriage ban because he’s been married for 33 years, saying: “Now, for me personally, this is more than a constitutional amendment. I’ve been married to my wife Cecilla for more than 33 years now.”

In July, the office of Greg Abbott said the state originally banned gay and lesbian couples from marrying in the interest of ensuring children are born in “stable, lasting relationships.”

Judge Orlando Garcia struck down the state’s marriage ban in February, but stayed the ruling, meaning it will not come into effect until Abbott’s appeal is concluded.

Texas Attorney General Greg Abbott has been accused of deliberately stalling that appeal after asking for a second extension on the legal brief earlier this week.

Abbott’s office claimed that Texas voters approved an amendment to ban same-sex marriage, and should be allowed to decide whether to keep it.