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Is State's ban on gay marriage unconstitutional?

In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution.

Both a voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions.

Although the case is far from settled, and the state's constitutional ban on gay marriage is a long way from being thrown out, Dallas state District Judge Tena Callahan's ruling says the state prohibition of same-sex marriage violates the federal constitutional right to equal protection.

Texas Attorney General Greg Abbott had intervened in the two men's divorce case, arguing that because a gay marriage isn't recognized in Texas, a Texas court can't dissolve one through divorce.


Asked by sweet-a-kins at 10:03 AM on Oct. 2, 2009 in Politics & Current Events

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Answers (53)
  • yes it does, it is not up to us, no matter our beliefs, to tell others who they can and can not marry!

    Answer by clovismommy25 at 3:27 PM on Oct. 2, 2009

  • If you invoke the 10th amendment, any power that the Fed. gov't is not designated - the State has the right to designate...I don't know that there is any designation as far as marriage being a right...

    Answer by AngelaKay at 10:17 AM on Oct. 2, 2009

  • I think it is--it violates an individual's right to life, liberty and the pursuit of happiness. If a gay couple will be happy being married (many straight couples avoid the official union on principle), they have every right to enter into that union.

    Answer by PsWifey at 10:38 AM on Oct. 2, 2009

  • Yes it violates the constitution.

    Answer by syfymom at 10:43 AM on Oct. 2, 2009

  • Marriage is a religious term...with religious background they define it as being a union between a man and wife...civil unions would probably be more appropriate...

    Where does it violate the constitution?

    Answer by Anonymous at 10:53 AM on Oct. 2, 2009

  • Okay enough already! Why can't any human of legal age marry any other human of legal age and call it good--or better yet, ban all marriages and call them all civil unions. Marriage is primarily a religous ritual anyway, the civil union would take care of legal matters involved. I think maybe the American Indians had the right idea. A guy moved into a girl's tent and they were considered mated until she threw his fireplace rocks and the rest of his stuff out in the "front yard". He was still obliged to help feed any kids that resulted from the mating. The same thing would work for two guys or two women. (Which wasn't exactly unknown among the Indians, either)

    Answer by Anonymous at 10:56 AM on Oct. 2, 2009

  • 14th amendment

    All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    It states people are subject to the laws of the state in which they live. TEXAS law does not recognize gay marriage. If there is not law allowing it, how can there be a violation of due process?

    cont...10th amendment tie it...................

    Answer by yourspecialkid at 11:03 AM on Oct. 2, 2009

  • Then you have religious persecution if you ban all marriages which are of a religious nature...step backwards - try again...

    Answer by Anonymous at 11:05 AM on Oct. 2, 2009

  • Marriage is NOT a religious term, and it's certainly not a Christan invention. Marriage started out as a contract between two MEN, in which a father sold his daughter to another man, or gave her away so he didn't have to pay for her anymore. Happily marriage has evolved into something much better over the years. However, just because you're religion says marriage should only be between a man and a woman doesn't make it right for everyone. A ban on gay marriage violates the right to pursuehappiness to some of this countries citizens. Letting people vote on it violates the idea of Majority rule, Minority rights, a very important ideal of this country. If the people had been alowed to vote on it, women may never have gotten the right to vote in this country.


    Answer by syfymom at 11:05 AM on Oct. 2, 2009

  • Good for that judge. All states should allow for gay marriage, polygamy and allow family members to marry. Love is love and as long as the people are consenting adults they should be allowed to be miserable like us

    Answer by Anonymous at 11:08 AM on Oct. 2, 2009