The deeper South has also joined the club to allowing same sex marriages along with 17 other states and the District of Columbia. This happened on Wednesday when a nine year old amendment which banned gay marriages was brought down to nothing by a federal judge. This case still remains unsolved because soon afterwards a preliminary injunction was issued on the ban by the US District judge Orlando Garcia who is an appointee of President Clinton, thus suspending the gay marriage ruling. The case first has to be heard by a higher court before gay couples could start marrying in the Lone Star State.
According to Garcia the voter approved ban on same sex marriages goes against the U.S. Constitution’ which gives a guarantee that every individual will receive equal protection under the 14th Amendment. We have many examples from the past where state judges in Texas tried to remove the ban from same sex marriages.
The 48 page opinion by Garcia says that “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution”. He further went down to explain in his words that “These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex.”
Another statement was releases by Republican Gov. Rick Perry in which the ruling was criticized where he said that the “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 uproar was caused by the cases which were filed last fall on behalf of two gay couples. Victor Holmes and Mark Phariss have nee together for the past 17 years and want to be together in a legal relation and Cleopatra De Leon and Nicole Dimetman have already been married in Massachusetts but they want their marriage to be recognized as legal in Texas as well. On a trial which took place earlier this month, Assistant Texas Solicitor General Michael Murphy stated that many states have changed their definitions of marriage but Texas wants to stick to the traditional definition.
From the polls it can be deduced that the opposition for same sex marriages has died down as compared to the previous decade whereas the Sixty-four-year-old AD Smoot of San Antonio says that it is such a big disappointment to see people deviate away from true values and norms.