Texas Supreme Court Puts a Stop to Same-Sex Marriage

Leave a reply

Responding quickly to Texas AG Ken Paxton’s request for emergency relief, the Texas Supreme Court put a halt to any further same-sex marriages in Texas.  CNN reports that Paxton will seek to have the one marriage license issued rescinded after Sarah Goodfriend and Suzanne Bryant were married on the steps of the Travis County Courthouse today.

Hours later, however, the Texas Supreme Court blocked other gay couples from obtaining marriage licenses after a legal challenge by Texas Attorney General Ken Paxton.

The state high court ruling did not invalidate the marriage of the two women in Austin, but Paxton said his office will seek to void their marriage license “due to the erroneous judicial order.”

Paxton is relying primarily on cases that have been pending before the Texas Supreme Court for several years involving the question of whether a same-sex couple that was legally married in another state can obtain a divorce in Texas.  The Texas AG intervened in those cases to claim that a district court did not have jurisdiction to grant a divorce because Texas law does not recognize same-sex marriage.  Paxton claims that Probate Court Judge Guy Herman abused his discretion in deciding an issue that is pending before the Supreme Court.  This seems to be a novel argument as the Supreme Court has not ruled and therefore, there is no clear ruling that Hermann failed to follow.  Rather, Hermann found the Texas prohibition on same-sex marriage to be unconstitutional – something the Texas Supreme Court has yet to weigh in on.

First Legal Same-Sex Marriage in Texas

Leave a reply

A Travis County District Court judge ordered Travis County Clerk Dan DeBeauvoir to issue a marriage license to a long time Austin same-sex couple.  The order followed Travis County Probate Judge Guy Hermann’s ruling earlier this week holding that Texas’ ban on same-sex marriage was unconstitutional.  The Austin American-Statesman reports that the couple was married in a rushed ceremony outside the Travis County Courthouse. Predictably, Tea-Party favorite Attorney General Ken Paxton attempted to stomp on the ceremony, but was likely too late.

Sarah Goodfriend and Suzanne Bryant, together almost 31 years, said their vows before Rabbi Kerry Baker while standing in front of the Travis County Clerk’s Office sign on Airport Boulevard.

Attorney General Ken Paxton’s office responded by filing an emergency motion Thursday morning asking the Texas Supreme Court to stay the judge’s order and “further stay all further state trial courts” that may seek to follow suit.

The court has not yet ruled, but there seems little that a stay could accomplish now that the marriage has already been performed. The first legally married gay couple in Texas was denied a license in the same county office building eight years ago. But on Thursday morning, state District Judge David Wahlberg, petitioned by a lawyer for Goodfriend and Bryant, ordered Travis County Clerk Dana DeBeauvoir to grant the couple a marriage license.

Red’s long-standing position is that he is in favor of allowing people to freely enter into foolish contractual relationships  – such as marriage.

Texas – Not the Most Conservative State?

Leave a reply

According to an article published in the Houston Chronicle, Texas is only the 18th most conservative state.  You could have fooled Red, since Republicans have had a lock hold on state-wide elective office for over 20 years or ever since George W. Bush’s election as Governor.

Despite Texas’ reputation as a Republican bulwark and a stronghold for conservatism, the state’s electorate doesn’t lean as hard to the right you’d think. Not by a long shot. Data from Gallup Daily tracking interviews in 2014 – which interviewed more than 177,000 U.S. adults – showed that Wyoming and Utah are the top two most Republican states again. Wyoming (Republican advantage: 35.5 percent) and Utah (33.1 percent) have topped the list every year since 2008.

The 10 most Republican states all hold advantages over the Democratic Party by more than 10 percent. But Texas is not among these “solid Republican” states nor the “leaning Republican” states (states where the party gap is between 5 and 10 percent). Instead Texas is among the 18 competitive states, with Republicans holding a 3.9 percent advantage over Democrats.

That small percent still means a more than 1 million voter-advantage for Texas’ Republicans. Still, with the state’s changing demographics, analysts expect that gap to dwindle even further. However it could be at least a decade before Texas realistically has a shot of becoming a purple state. 

Red aint holding his breath.

Today in Texas History – February 19

Leave a reply

From the Annals of Democracy – In 1846, the First Texas Legislature convened in Austin.  The flag of the Republic of Texas was struck, and the flag of the state of Texas was raised over the Capitol.  The Legislature was created by the Constitution of 1845 and was a bicameral body consisting of a Senate and House of Representatives.  The First Legislature had 20 senators and 66 representatives.  Ministers of the gospel were ineligible for election.  Compensation was set at $3 per diem of attendance and $3 for each 25 miles of travel to and from Austin.

Image of Anson Jones lowering the Republic of Texas Flag.

Country Music Awards Coming to Arlington

Leave a reply

The Academy of Country Music will present its annual awards show live from AT&T Stadium in Arlington on April 19.  The temporary change in venue from Las Vegas will allow more than 90,000 spectators to see the show in person.  The Las Vegas venue seats only 17,000.

Texas taxpayers will help foot the bill via the Texas Major Events Trust Fund.  The Trust Fund allows for additional tax revenue generated by a “Major Event” to be used to pay for the costs of staging the event.  The Dallas Cowboys will be dipping into the tax revenues to pay for some of the costs of the event.  The awards show will certainly benefit the local economy with an expected 41,000 visitors in the area using an estimated 19,000 hotel rooms plus watering holes and restaurants.  But the any benefit to state and local coffers will likely be offset by payments from the Trust Fund to the Cowboys.  The Cowboys are not the only outfit to slurp at the public feeding trough as the Trust Fund has been used to help fund numerous events in past years.

GOP to Texas Cities – Let Us Decide What is Best for You.

Leave a reply

The Lubbock Avalanche-Journal reports that the mayors of Texas’ ten largest cities are resisting efforts by the Republican controlled legislature to cap local property tax revenue.

The mayors held a news conference Monday in response to proposed legislation meant to limit to 4 percent the amount of revenue that can be generated from the prior year. They argued any cap would impair their efforts to provide basic services.

Austin officials say the legislation would have amounted to a loss of $87 million over the past five years. Houston authorities say the city has not increased its property rate since 1994, and has actually cut its taxes since that time.

Lt. Gov. Dan Patrick is among several legislative leaders who say they want to cut property taxes before the legislative session concludes in May.

Same-Sex Marriage in Texas – Legal or Not?

Leave a reply

On Tuesday, Travis County Probate Court Judge Guy Herman held Texas’ ban on same-sex marriage was unconstitutional.  The ruling came as part of an estate fight in which Sonemaly Phrasavath sought a finding that she had a common-law marriage to the late Stella Powell.

Phrasavath and Powell had been living together since 2007 and were “married” in 2008 in a ceremony performed by a Zen priest in Driftwood.  The ritual marriage was not valid under Texas law. A Travis County probate court became involved after Powell died intestate last summer.  This led to probate dispute over her estate between Phrasavath and Powell’s siblings. Herman found merit to Phrasavath’s claim of common-law marriage and consequently ruled that the Texas ban on same sex marriage was unconstitutional.

The Austin American-Statesman reports that Herman’s ruling is not immediately changing the rules for other same-sex couples who want to be married in Texas.  County officials who are considering the impact of Herman’s order have not begun issuing marriage licenses to same-sex couples.

Travis County Clerk Dana DeBeauvoir, who praised Herman for his ruling, said she will confer with county lawyers to determine her options. “I am scrambling, trying to find out if there is anything I can do. Right now, I think it’s no, but we are checking,” said DeBeauvoir, who in the past has said that she was ready to begin distributing marriage licenses to same-sex couples as soon as allowed by the courts.

What is clear is that Texas Attorney General Ken Paxton will not be able to challenge Herman’s ruling on appeal.  Texas litigants are required to notify the AG’s office in any case in which the constitutionality of a statute is challenged in order to allow the state to intervene to defend the statute.  Paxton’s office declined to do so and cannot now challenge Herman’s ruling.  Powell’s siblings have not indicated whether they plan to appeal.

Today in Texas History – February 18

Leave a reply

From the Annals of Insanity –  In 2010, a disgruntled taxpayer (who remains nameless under Paradise in Hell corporate policy) deliberately crashed his Piper Dakota airplane into Building I of the Echelon office complex in Austin.   The delusional pilot was killed along with IRS manager Vernon Hunter age 68).   The attack injured 13 other people including 2 with serious injuries.  The office building housed an IRS field office, state and federal agencies and private businesses.  The crazed pilot had previously posted a suicide note referring to “greed”, “insanity”, and the IRS on his business website. He is also believed to have set fire to his North Austin home that morning.  He had a long history of tax problems mostly stemming from failure to file state tax returns.  The attack accomplished nothing but did result in the IRS spending almost $40 million to improve security at its offices around the country.

Image from http://www.permilla.com