Texas’ Ban on Gay Marriage Struck Down by Federal Judge

texas-equalityIn a move that shouldn’t shock anyone who has read the First Amendment to our Constitution and understands what “freedom of religion” means, a federal judge has struck down Texas’ ban on same-sex marriage in the state.  Though this ruling leaves the ban in place until an appeals court hears the case later in the year.

Judge Orlando Garcia wrote:

“Today’s Court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the United States Constitution and Supreme Court precedent.  Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution.”

Honestly, I don’t know if any other judge has said it better.


This ruling against a ban on same-sex marriage isn’t an attack on anyone.  All this ruling does is make states adhere to the Constitution of the United States of America in that no state can legalize discrimination or inequality based on religious principles. As “because the Bible says so” is not legitimate (nor Constitutional) reason to deny an American their rights, bans on same-sex marriage are completely unconstitutional.

These rulings, which are fairly consistent across the country, clearly show that any legislation which seeks to deny homosexuals their rights based on religious doctrine is absolutely unconstitutional.

Still, tens of millions of conservatives continue to talk about how much they “love our Constitution” while supporting such legislation which is in clear violation of that very same Constitution.

It makes absolutely no sense.

These people continue to claim “states’ rights” while ignoring the fact that, while states do have certain rights, those rights cannot violate the Constitution of the United States of America.  This is a fact that many of these “states’ rights” people seem unable to grasp.  For some reason they believe their ignorance is protected within a state because our Tenth Amendment grants states certain rights.


This is the same argument the most ignorant among us have used throughout our history to justify their ignorance.  Slavery, opposing women’s suffrage, segregation, bans on interracial marriage – they’ve all be defended by those claiming “states’ rights.”  And time and time again history has shown us that while their ignorance may delay the inevitable, they always lose.

And while there’s still a long way to go before homosexuals truly enjoy equal rights (as states continue to pass legislation which seeks to legalize discrimination on the false pretense of “religious freedom”), rulings such as this, especially in a state such as Texas, are huge steps toward true equality for the LGBT community.

Allen Clifton

Allen Clifton is a native Texan who now lives in the Austin area. He has a degree in Political Science from Sam Houston State University. Allen is a co-founder of Forward Progressives and creator of the popular Right Off A Cliff column and Facebook page. Be sure to follow Allen on Twitter and Facebook, and subscribe to his channel on YouTube as well.

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  • Sandy Greer

    Just as ‘separate but equal’ schools proved not to be so equal after all:

    So will civil unions prove to be: Not equal enough.

  • rossbro

    Now Perry can knock Cruz up, and deliver a Nugent outta the back end.

  • FD Brian

    the states should do away with all marriage and just come out with a civil union that basically explains what happens when you decide to dissolve the union.

  • Jack B. Nimble

    To be politically correct is based on the assumption thatu you can pick up a terd by the clean end.