Judge strikes down Texas same-sex marriage ban

A few weeks ago,when I wrote that in the USA, 2014 was shaping up to be an interesting year in the courts, for gay marriage, I chose this pic:

 

Some readers may have thought I was being too optimistic, or just tongue - in - cheek. Today, it looks more like prescience (excuse me while I turn away to smirk, and dance a little jig).

Yes, I know that there’s a temporary stay on actually conducting those gay weddings this far South, but that don’t mean squat: “temporary” means “temporary”.

Possibly in Nevada, or in Michigan.

Nevada has already had a judge reject a suit to strike down the state ban, but that was before the Supreme court rulings of 2013, and a later ruling by the 9th circuit court, that cases related to discrimination and sexual orientation must be subject to heightened scrutiny. In January and February 2014, the Carson county clerk who had been defending the ban, soon followed by the state Attorney General and Governor Brian Sandoval, all withdrew their earlier briefs in defence of the ban. The ban has no remaining defendants other than an anti-LGBT group, “Coalition for the Protection of Marriage” - which lacks standing in the case.

Plaintiffs have asked the court to expedite the case, and on 12 February 2014, the court agreed to a fast-track review.

As a parent, the really interesting one to me is currently being heard in a Michigan court, where a couple who originally filed over adoption issues. When it came to trial, the judge suggested to them that they include a challenge to the gay marriage ban. Lawyers supporting the ban are arguing the old case that a child needs a mother and a father - but their best “expert” witness is Prof Mark Regnerius, whose research is widely discredited, and who has admitted that his research does not in fact show what he originally claimed it did. (Marriage Equalty USA reports that he is currently embroiled in a Florida lawsuit, “in which a state judge ruled that FL must disclose records showing who approved Associate Professor Mark Regnerus’ anti-LGBT parenting study, how it got published immediately, and why no qualified peers reviewed it”). Like other “expert” witnesses in California, its unlikely that his testimony will stand up to cross-examination..

But plaintiffs’ lawyers are producing solid evidence that what a child needs (in general), is two loving parents - and what these kids need, in particular, is the “heroic” parents they have. I’m waiting to see this judge toss out the gay marriage ban - “for the sake of the children”.

The wheels of justice turn slowly, but each favourable decision makes the next one easier.

Marriage Equality USA lists direct challenges to gay marriage bans already under way in:a further fourteen states.

1. Alabama (filed December, 2013)
2. Arkansas (2 cases, both filed July 2013)
3. Arizona (class action lawsuit filed January 2014)
4. Colorado (2 cases, filed October 2013 and February 2014,)
5. Florida (filed January 2014)
6. Idaho (filed February 2014)
7. Louisiana (filed February 2014)
8. Missouri (filed February 2014)
9. Nebraska (filed August 2013).
10. North Carolina (filed June 2013)
11. Oregon (filed October 2013)
12. Pennsylvania (filed July 2013)
13. South Carolina (filed August 2013)
14. Wisconsin (filed February 2014)

(More details at Marriage Equality USA)