AG Greg Abbott to challenge San Antonio nondiscrimination ordinance

Posted on 09 Sep 2013 at 11:11am
Attorney General Greg Abbott

Attorney General Greg Abbott

Attorney General Greg Abbott told a San Antonio radio station he plans to file a federal lawsuit against the newly passed San Antonio nondiscrimination ordinance. Abbott announced last month he is running for governor.

The ordinance adding veteran’s status, sexual orientation and gender identity to other protected categories passed Thursday.

It’s not clear how a lawsuit against the San Antonio ordinance will affect Dallas and Fort Worth. Both have ordinances banning discrimination based on gender identity and sexual orientation.

Abbott claims Texas has a Supremacy Law that says cities can’t override the state.

The federal government also has a Supremacy Law that the state can’t override the federal government. But that doesn’t seem to phase the Texas National Guard, which is refusing to process applications for married same-sex members of the Guard.

And the commander of the National Guard has asked Abbott for a legal opinion: Is Texas Military Forces, which is over the guard, a state agency bound by state law or does the order from the military to recognize same-sex marriages apply to Texas?

Texas is the only state to completely defy the order. Mississippi is not taking applications at state offices but is taking them on National Guard bases. Louisiana followed Mississippi late last week.

The National Guard reports to both the governor and the president and receives money for training and maintaining its forces as well as equipment from the federal government.

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