Professor: Michele Forbes
Journal 22 Should Gay Marriage Be Legal In Texas? An Annotated bibliography
According to Bothelo, a federal Texas judge did not implement the ban for same- sex marriage. The judge, stated “the current prohibition has not legitimate governmental purpose.” However the ruling by Judge Orlando Garcia will not go into effect immediately; there is a process that will take place which will not allow same- sex marriage in Texas for the time being. Bothelo, article gave the LGBT community hope that soon same sex- marriage will be recognized. Two couples who have challenged the ruling said they hope to make a payment for equality and rights for the LGBT community so they won’t have to go through the, embarrassment, in-difference they are going through. Many Texas citizens according to the article are in favor of same-sex marriage in Texas. Texas Democratic Party Chairman Gilberto Hinojosa Called Wednesday “A historic day for the lesbian and gay community.” (Pg1)
Bothelo, article goes onto to say Texas still has some many obstacles to overcome before there is much celebration. Greg Abbot will be challenging the ruling to be held in New Orleans, by the federal appeal courts in the near future. Even though the Supreme Court has ruled over a numerous of times in regards to the ban. It has been to the discretion of each state to define & Regulate marriage. Abbott strongly favors the definition between one man and one women. Governor Rick Perry, insists the 10th amendment of the United States which “guarantees Texas voters the freedom to decide on the parameter of marriage. “Perry has also been against the same- sex marriage over the last years. Another Judge from Texas who is against same sex marriage gave a very broad statement “Allowing such unions would hurt children raised by them; it could lead to recognition of bigamy, incest; pedophilia; and group marriage.” Judge Garcia, gives information that is contradicting. He later states in the article” I knows the four plaintiffs are suffering humiliation, and embarrassment. Needless to say there children who are being brought up by the two couples –their children are being raised by loving same-sex partners. So, how is this a problem if they are being loved and care for; no crime is being committed.
The purpose of Bothelo article, is to give an insight to the public; politicians who have a lack of understanding of the equality needed in the LGBT community. Giving creditable facts on the head way being made in Texas for equality, and recognition of same-sex marriage. The Author left one asking are Gays, and lesbians capable of bringing up children in a manner that will be the opposite of what Judge Garcia argued. There is a big problem Lesbian and gay couples face when they are trying to raise children here in Texas. Because, same-sex marriage is not recognized in the state. Only the birth mother to the child has the right to her born children; leaving the partner in an odd position because he/she is helping to raise the kids. Emily Hecht –McGowan lawyer & director stated (pg3)“It is remarkable about the ruling finding that failing to afford the same presumption of parenthood to the wife of child’s birth mother as it does to a husband of the birth mother is unconstitutional.” Casadys, article gave another opinion of another Judge who ruled in favor of same-sex marriage. She said “By denying their parents the right to marry, Texas has created a suspect of classification of children’s who are denied equal protection of the law under the fourteenth amendment.” There is a very fine line when it comes to insemination because once again Texas does not recognize same-sex marriage if the parents decided to split up. For instance if Texas did recognize same-sex marriage they could file for a divorce and custody rights. There is no legal help or advice that could be given to lesbian or gay couples because it is not legal in Texas.
The intended audience for this article is the public/ politicians informing them that LGBT community does have a need for equal rights. Casady, used credible evidence in which I quoted as facts that helped back up her article. Not only are children’s feelings are being affected but also the enormous pressure the parents are facing. Can you imagine the stress the parent’s face day to day trying to live a normal life? If Texas recognized same-sex marriage the kids and spouse would have the same rights as a man and women to be on insurance etc. The information being presented is to help others get a better understanding of the problem which could help with equality. So the question is should Texas allow same-sex marriage. I could use the information provided to help back up my argument. I think there should be a right for same-sex couples to wed.
This particular article describes Greg Abbott, thoughts on same sex marriage. Even though he has mentioned the government should treat lightly the matter of personal liberty, he feels the complete opposite about same-sex marriage. Greg Abbott, is already working on appealing the ruling from back in 2005 on same sex marriage to be unconstitutional. Himself along with a legal team filed to the fifth circuit of New Orleans, arguing Texas, can ban same sex marriage based on the states interest in couples having children. In his argument, he claim heterosexual marriages have an increased likelihood that they will be brought up in a stable nurturing environment. Opposed to Homosexual marriages, since they don’t produce their children naturally gives the parents a less likelihood of setting goals like Heterosexual marriage would. Greg Abbott stated “That is enough to supply a rational basis for Texas marriage laws.” Reading facts and opinions of the articles helped to sum up the findings I found in regards to same- sex marriage in Texas. The topic has a biased audience, and the couple who got married in Massachusetts who wanted their marriage recognized in Texas. Federal judge Orlando Garcia, concluded “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in out Unites states constitution,” Specifically the guarantees of equal protection and dues process. 19 states throughout America have recognized same sex marriage, and many stand to support the pushing for the right such as President Barack Obama, former vice president Dick Chaney, the Dallas mayor Mike Rawlings. This is not the end of the fight for same- sex marriage here in Texas as they await to hear from the Supreme Court.
“Texas ban on same sex- marriage struck down by federal judge.” By Greg Bothelo & B.Mears Referenced CNN.com, 27 February2014 pages 1-3.
“Texas can’t even bar gay marriage or divorce.” By’ Michelle Casady Reference San Antonio Express news. . 23 April 2014 pages 1-4
“Procreation vs. Same-Sex Marriage in Texas.”
Referenced by the editorial Dallas morningNews, Published 05 August 2014
“Why Republicans should pray the supreme court legalizes Gay Marriage.” By: David Lampo Reference via Daily Caller. 18 August 2014 pages 1-3.