BREAKING: Judge won’t lift stay in Texas gay marriage case

GayTexasFlagA federal judge has declined to allow Texas same-sex couples to marry before the Fifth Circuit Court of Appeals can rule on the case.

U.S. District Judge Orlando Garcia in San Antonio declared Texas’ same-sex marriage ban unconstitutional in February. But he stayed the ruling anticipating an appeal by Texas officials. Then–Attorney General and now Governor-elect Greg Abbott, a Republican, filed an appeal.

The Fifth Circuit has scheduled a hearing for Jan. 9 for the Texas case as well as for Mississippi and Louisiana.

 

 

—  James Russell

Oral arguments set in Texas and Louisiana marriage cases

Attorney General Greg Abbott

Atty. Gen Greg Abbott pandering in front of the 11 Commandments monument at the Texas Capitol. Yes, I know there are 10, but look closely at the monument and you’ll find 11 listed, which makes this among my favorite fake religion monuments.

The 5th Circuit Court of Appeals in New Orleans will hear the Texas and Louisiana marriage equality cases on Jan. 5.

In September, Judge Martin Feldman in Louisiana became the first federal district court judge to uphold a state’s marriage ban since the Supreme Court struck down the Defense of Marriage Act last year.

Texas’s marriage ban was ruled unconstitutional by San Antonio District Judge Orlando Garcia in DeLeon v. Perry. His decision is stayed pending appeal.

In his appeal, Atty. Gen. Greg Abbott resorted to using the “pedophile, incest and marrying farm animals” defense. Because underpopulation has been a worldwide plague, Abbott uses the responsible procreation defense that’s been thrown out by court after court.

What we found most interesting was his inclusion of a story from Dallas Voice written by Anna Waugh about a case from Fort Worth that is still pending before a trial court. Two Fort Worth men who claim they are heterosexual would like to get married in Texas.

From the brief (pages 23-24):

Not all persons who wish to marry a same-sex partner will have a homosexual orientation. The plaintiffs in McNosky v. Perry, No. 1:13-CV-00631-SS (W.D. Tex.), have publicly admitted that they have a heterosexual orientation and plan to marry each other as a statement of solidarity with same-sex couples. See Anna Waugh, Tarrant County Marriage

 

—  David Taffet

Voting early with and nearly falling on Wendy Davis

I nearly fell on Sen. Wendy Davis at a press event this morning (see: second photo, sixth row). I was taking photos for the gallery below of the Democratic gubernatorial candidate, who was in Fort Worth to cast her vote on the first day of early voting. Of all the reporters, photojournalists and broadcast journalists there, clearly the staff writer at the LGBT publication would be the one to cause a scene.

I’d also like to apologize the Fox 4 News cameraman for bumping him multiple times.

Here are some photos of the rally in front of the Griffin Sub-Courthouse in southeast Fort Worth and from the press conference after she voted. Reporters were not allowed into the polling site.

If you see me at your voting location in the next few weeks, beware. I may fall on you.

Photos and text by James Russell.

—  James Russell

Abbott wants to reduce out-of-wedlock births so he’s against same-sex marriage

Texas AG Greg AbbottAtty. Gen. Greg Abbott filed a new brief in the Texas marriage case that the Fifth Circuit decided to fast-track. His main argument is that the state doesn’t have to prove same-sex marriage will hurt opposite-sex marriage, just that opposite-sex marriage is better.

“Second, Texas’s marriage laws are rationally related to the State’s interest in reducing unplanned out-of-wedlock births. By channeling procreative heterosexual intercourse into marriage, Texas’s marriage laws reduce unplanned out-of-wedlock births and the costs that those births impose on society.”

So how’s that channeling going for you Greg?

Here are some stats from the Centers for Disease Control website for teen births, ages 15 to 19 in 2010, the latest year for which I found a state-by-state comparison.

The overall U.S. birth rate is 34.3 per 1,000 teens ages 15–19 in 2010, the latest year available on the Centers for Disease Control website.

But that number is not equally distributed across the country.

In Massachusetts, the rate is 17.1 per thousand and in Texas it’s 52.2 per thousand. That’s more than three times the teen pregnancy rate in traditional values Texas than in marriage-equality Massachusetts.

Massachusetts, the first marriage-equality state, legalized same-sex marriage in 2003.

In his fight against marriage equality, Abbott said the State is interested in “reducing unplanned out-of-wedlock births.” That hasn’t happened.

Let’s compare a few other states to Texas. In civil union state No. 1 that became marriage equality state No. 2, the Vermont teen birth rate is 17.9 per thousand.

Another early marriage equality adopter was Iowa. That’s state’s teen birth rate is 28.6 per thousand, still below the national average.

Comparing Texas to other large states, New York has a rate of 22.6 per thousand and California has a rate of 31.5 per thousand. Both now have marriage equality but didn’t in 2010, the year of these stats.

Texas isn’t in last place, however. Once again, Texans can proudly say “Thank God for Mississippi,” with its 55.0 rate. Arkansas and New Mexico teens are both breeding at faster rates than Texas teens as well.

These are just teen birth rates and marriage equality may have absolutely nothing to do with it. So either Abbott’s argument collapses because marriage equality is irrelevant to unwed teen birth rates or marriage equality actually encourages teens not to get pregnant.

—  David Taffet

Texas Voter ID law ruled unconstitutional. Here’s a breakdown on its impact.

vote-buttonA federal district judge on Friday, Oct. 10, struck down Texas’ voter photo identification law, just 10 days before early voting in the state is to begin.

In her 140-plus-page decision, federal Judge Nelva Gonzales Ramos called the law “a poll tax” and “discriminatory”  against African-Americans and Hispanics.

Texas Attorney General Greg Abbott immediately appealed the decision, urging the Fifth Circuit to “resolve this matter quickly to avoid voter confusion in the upcoming election,” said Lauren Bean, a spokeswoman for the AG’s office.

Explaining his appeal, Abbott said he believed the sudden ruling could confuse voters and burden election administrators. “Voters need certainty when they go to the polls and having this decision come out just 10 days before early voting begins injects uncertainty so I’m asking a court of appeals to decide this before early voting begins a week from Monday,” he told KXAN.

In the meantime, the law’s opponents praised the decision.

“Now we must redouble our efforts to restore the Voting Rights Act and to ensure that every LGBTQ voter gets the opportunity to vote at the upcoming election,” said the Rev. Darlene Nipper, deputy executive director of National LGBTQ Task Force.

Texas state. Sen. Wendy Davis, who is running against Abbott for governor, blasted Abbott’s appeal. “This is great news for democracy. I call on Attorney General Greg Abbott to drop his defense of a law that a court has now called a ‘poll tax’ and ‘discriminatory’ against African-Americans and Hispanics.”

U.S. Rep. Marc Veasey, D-Fort Worth and a plaintiff in the lawsuit, agreed. “Abbott should do what’s best for all Texans instead of pushing his discriminatory political agenda that would disenfranchise eligible voters.”

While the judge believes the law discriminates against African-Americans and Hispanics, the ruling impacts the transgender community as well.

According to the Williams Institute, a LGBT policy think tank, of the 25,000 eligible transgender voters in Texas, around 6,800, or 27%, do not have updated voter ID records.

Should the ruling be upheld, said Nell Gaither of the Trans Pride Initiative, “It makes it easier for transpeople to vote.” But she added that the transgender community still faces barriers most other voters do not.

Texas does not have a statewide law accommodating people who have transitioned from one gender to another; voters or would-be voters must rely on their county laws.

Chad Dunn, an attorney who represented the plaintiffs, told the Lone Star Project he believes Abbott will appeal to the Fifth Circuit and likely ask for the U.S. Supreme Court’s final say.

“To my knowledge, a law found to be intentionally discriminatory, after a full trial on the merits, has never been allowed to remain in effect,” Dunn said.

—  James Russell

Election 2014: Second (and last) gubernatorial debate is tonight

DavisAbbottSplit_jpg_800x1000_q100Tonight is the last night voters can see the two candidates for Texas governor spar before the November 4 election.

State sen. Wendy Davis of Fort Worth and Attorney General Greg Abbott will debate live at KERA’s studios in Dallas It will be broadcast tonight, Tuesday, Sept. 30 at 8 p.m. on television, radio and online.

KERA is co-producing the debate with NBC 5, KXAS-TV, Telemundo 39 and The Dallas Morning News.

The full list of channels hosting the debate is here. Both the Davis and Abbott campaigns are hosting their own watch parties. pre-debate phone banking and watch parties. You can check out the Davis events here.

Stonewall Democrats of Dallas and the Dallas County Democratic Party are hosting a watch party at the Angelika Theater, 5321 E Mockingbird Ln #230, 7-9:30 p.m.

Tarrant County Stonewall Democrats are also hosting a watch party at Tommy’s Hamburgers, 2455 Forest Park Blvd., at 7:30 p.m.

I can’t find a lot of specific listings for Abbott watch parties, but I confirmed with the Dallas County Republican Party about at least one party hosted by the Abbott campaign. Details are here.

It will also be live streamed. A Spanish-language translation of the debate will be streamed online at Telemundo39.com.

Viewers are encouraged to also submit questions via Twitter @keranews using #texasdebates. I’ll probably also be having fun on Twitter as well. You can follow me @james4texas. Feel free to join in. (I also tweet a lot about traffic, the arts and cultural life if #texasdebates aren’t of interest to you.)

—  James Russell

Abbott a no-show at petition drop

AG delivery2Texas Attorney General Greg Abbott, the Republican nominee for Texas governor, was a no-show Monday when Equality Texas dropped off nearly 5,200 petitions demanding Gov. Rick Perry and Abbott drop their defense of the state’s same-sex marriage ban.

“Despite the plans prearranged last week in which a staff member would meet us in the lobby and take possession of the petitions, the Attorney General’s office said they would only accept the petitions if they were mailed via an acceptable ground carrier,” wrote Chuck Smith in an e-mail.

Instead of giving up, the group headed to the nearby UPS store and mailed them. They’re expected to arrive today.

The action comes after the Feb.26 ruling earlier this year finding Texas’ ban on same-sex marriage to be unconstitutional. Despite growing support for same-sex marriage both in Texas and nationwide, Abbott and Perry appealed the ruling to the 5th Circuit of Appeals.

Abbott filed that appeal Monday, arguing that Texas was within its constitutional right to ban same-sex marriage.”Because same-sex relationships do not naturally produce children, recognizing same-sex marriage does not further these goals to the same extent that recognizing opposite-sex marriage does,” the brief reads. “That is enough to supply a rational basis for Texas’s marriage laws.”

Birds of a feather stick together.

—  James Russell

Tarrant County lesbian couple files for divorce

FWdivorce

A lot has happened this week in Texas regarding same-sex marriage and divorce.

A Tarrant County couple came out as straight friends hoping to help win the marriage equality fight in the state. And a judge prevented Texas Attorney General Greg Abbott from interfering a San Antonio couple’s divorce proceedings.

Now a Tarrant County couple has filed for divorce. Brooke Powell and Cori Jo Long married in New Hampshire four years ago. Powell’s attorney filed a petition to declare the marriage void, like it never happened. But the couple wants a divorce.

Under Texas law, same-sex divorce is illegal just as much as same-sex marriage or recognizing same-sex unions. However, back in February, a U.S. district judge declared Texas marriage law unconstitutional. The Texas Supreme Court heard arguments in two same-sex divorce cases in November. A ruling is expected by summer.

“I feel like since I was legally married, then I should be entitled to a divorce,” Long told Fox 4 News.

Watch Fox 4’s report below.

—  Dallasvoice

Gay Realtor calls out Texas PAC for backing anti-gay candidates

Bob.McCranie

Bob McCranie

The Texas Association of Realtors and its funding arm, the Texas Real Estate Political Action Committee, have long endorsed and funded anti-LGBT candidates. But one Realtor is hoping to change that in the coming years, if not sooner.

Bob McCranie, owner of Plano-based Texas Pride Realty, has grown tired of the Texas organizations endorsing and funding anti-gay candidates, including the four at the top of the ticket this year who oppose marriage equality: Greg Abbott for governor, David Dewhurst for lieutenant governor, Glenn Hegar for Texas comptroller of public accounts and George P. Bush for Texas land commissioner.

McCranie isn’t on the endorsement board but has donated to the PAC in the past. He said marriage equality is a Realtor issue because marriage involves property rights, but when he’s brought up his objections to the endorsements in the past, he’s told  Texas is a red state so not many candidates support LGBT equality. The endorsement board even has openly gay members.

“What I’m told is ‘You won’t change Texas’ Texas is a very red meat state,’ but I want my associations of realtors on the local, state and national level to let their candidates know that this is an important topic for us,” he said. “I want them to be aware that they are standing beside candidates that are adamantly homophobic who ring the fire alarm of homophobia to get their voters out. And we just blindly endorse them.”

The endorsement for attorney general hasn’t been announced yet, likely pending the runoff between state Sen. Ken Paxton, R-McKinney, and state Rep. Dan Branch, R-Dallas.

Branch, who represents Oak Lawn, co-authored Texas’ 2005 constitutional amendment banning same-sex marriage, and he filed a brief in a gay divorce case before the Texas Supreme Court last year defending the state’s amendment and requesting the court to overturn a lesbian couple’s divorce.

Paxton, along with anti-gay state Sen. Donna Campbell, R-New Braunfels, filed a bill last year to put the Texas Religious Freedom Restoration Act in the state Constitution. The act, which the Legislature passed in 1999, prohibits local or state agencies form allowing people to express their religious beliefs, including discriminating against LGBT people. The recent bill never made it to the floor for a vote.

Campbell, who filed an anti-transgender marriage bill last year, also was endorsed. But out state Rep. Mary Gonzalez, D-El Paso, was also endorsed this cycle.

McCranie said the recent bill by Paxton and Campbell goes against the National Association of Realtors Code of Ethics, which requires that everyone be treated equally. And he hopes the Texas PAC doesn’t endorse Paxton or anymore anti-gay candidates in the future.

“These laws break the code of ethics,” he said. “Why are we endorsing candidates who support this? No matter what the party is.”

The Realtors Political Action Committee funded Mississippi legislators who authored the state’s Religious Liberty Bill, which RPAC-endorsed Gov. Phil Bryant later signed. RPAC is the National Association of Realtors’ PAC.

NAR President Steve Brown, who’s openly gay, recently called McCranie to discuss his concerns and gave him a statement on religious freedom bills.

“Attempts to authorize and encourage discrimination in housing or real estate services under any banner are ethically wrong and wholly inconsistent with the fundamental principles of the REALTORS® Code of Ethics,” the statement reads in part. “It’s unquestioned that where the Code of Ethics and the law conflict, the Code must give way to the law. But we will continue to tell the public, and legislators should be on notice, that the Code’s duties, which often set a higher bar than law or regulation, do and will continue to prohibit discrimination in providing real estate services despite what the law may permit.”

The statement pleased McCranie, who said he’d continue to advocate for more inclusive candidates in the future and encourage others in the real estate industry to do the same.

“My perspective is LGBT Realtors and real estate professionals are hounded all the time to donate to the industry PAC,” McCranie said. “And the industry PAC doesn’t seem to consider LGBT property rights and discrimination to be an issue, and so I’m really trying to raise the conversation in the industry about this.”

—  Steve Ramos

Employees’ Retirement Fund board takes up city of Dallas pensions

employees-retirement-fund-of-the-city-of-dallas-78620670

The board of trustees for the city’s Employees’ Retirement Fund brainstormed ideas Tuesday morning about the best approach to make the pension plan equal for LGBT retirees.

The Dallas City Council passed a comprehensive equality resolution last month directing the city manager to evaluate areas in city employment where disparities for LGBT employees exist. Among them, were the pension plans.

Under the current plan, opposite-sex spouses receive lifetime benefits when their spouses die, but same-sex spouses are treated as designees, and their benefits run out after 10 years.

The ERF board spent half an hour discussing the resolution, as well as the state’s constitutional marriage amendment and the Texas Family Code, both of which prevent the state from recognizing same-sex marriages.

—  Dallasvoice