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