Equality Texas calls gay divorce ruling ‘uninformed, outdated and homophobic’

Instant Tea is no attorney, but we can read. And having now thoroughly perused a Dallas appeals court’s gay divorce ruling from Tuesday, we’d say it doesn’t take a law degree to tell you that it’s bad — like, real bad.

The gay divorce ruling reads like an anti-thesis to U.S. District Judge Vaughn Walker’s decision last month declaring Prop 8 unconstitutional. Thankfully, we can take comfort in knowing that the gay divorce ruling will have a limited impact in terms of legal precedent. And maybe, just maybe, it will serve as a helpful reminder about just how far the LGBT community has to go in places like Texas.

Anyhow, we’ll have much more about the ruling in Friday’s Dallas Voice, but for now we thought we’d share this statement sent out Tuesday afternoon by Equality Texas:

The Fifth District Court of appeals has taken the most extreme, the most conservative view possible on each issue before it. It’s not as if they wanted to just overturn the trial court’s decision, they wanted to smash it into ground and discourage anyone from ever filing a pro-LGBT suit ever again.

The ruling harkens back to a view of the world from generations past — a world where LGBT people were content to live in closets, and were afraid to demand to be treated with dignity and respect. A dignity and respect that this court goes out of its way to completely deny.

In going so far to overturn the trial court’s decision, with such an extreme opinion, the appellate court has lowered the bar for any effort to overturn its ruling:

• The Court’s view of marriage is historically inaccurate. Marriage existed in many forms, for many reasons, for many thousands of years.

• Refusal to view sexual orientation as a suspect class singled out for disparate and discriminatory treatment ignores both the entire purpose of DOMA and the anti-marriage amendment, as well as the well-documented history of discrimination, hate crimes, and statutory treatment of LGBT individuals.

• The Court’s view of same-sex relationships is uninformed, outdated and homophobic — predicating its decision upon the ability to have children naturally — thereby ignoring the thousands of Texas households raising kids with same-sex parents, or even single parent households.

• The ruling holds Texas’ laws are “rationally related to the legitimate state interest in fostering the best possible environment for procreation and child-raising.”  Evidently to the exclusion of all others, and without a shred of evidence in the record — particularly since longitudinal studies have demonstrated that same-sex parents are as good as raising kids as straight couples.

—  John Wright

The Plank-Wanker: Your daily Texas political platform update

Dallas gay Repulican leader Rob Schlein is getting some major love in the national queerosphere for the statement he issued Tuesday slamming the anti-gay Texas GOP platform. We’ve seen write-ups in places including The Advocate and GayPolitics.com, so no doubt there are others. Still, though, our favorite Log Cabin story of the day is this item from Minnesota’s CityPages, which picked up the condom shown here at an LCR table during Twin Cities Pride. As you can see, the wrapper says, “Drill, baby, drill!! … just don’t spill.” What?

Anyhow, in other platform news, turns out the Texas Democrats actually approved six pro-LGBT resolutions — not four, as we reported yesterday — during their convention last weekend in Corpus Christi.

Dan Graney, president of the Texas Stonewall Democratic Caucus, explains in an e-mail:

In addition to the four Equality Texas resolutions on nondiscrimination, safe schools, accurate birth certificates and competitive insurance benefits, there are two additional resolutions that passed on the floor. One supports LGBT foster and adoptive parents and the other calls for the repeal of the federal Defense of Marriage Act. The resolution calling for the repeal of the discriminatory Texas Constitutional Marriage Amendment is not among those that passed — don’t know if it did not pass enough senate district conventions or what.

Anyway, this is the first time ANY of our LGBT-related resolutions passed the floor of any State Convention and to have six of them pass in this convention is truly awesome! We have come a long ways, baby! Our Texas Stonewall members are to be credited for their hard work in turning this dream into a reality.

—  John Wright