Breaking: Lawless Texas Judge Tosses State Marriage Amendment

Barb Wire


Today, from high aloft his imperial perch, federal activist judge Orlando Garcia declared a state marriage amendment in Texas unconstitutional, but he has “graciously” granted by royal decree that the state may continue to enforce the current law, pending an appeal that some say could eventually end up with other similar case in the U.S. Supreme Court.

The lawsuit was filed by homosexual couple Mark Phariss and Victor Holmes and lesbian couple Cleopatra DeLeon and Nicole Dimetman. They each claim that the state of Texas violated their rights by not allowing them to be legally “married.” Realizing that they can’t win with the voters or the legislature, homosexual activists have increasingly turned to a corrupted court system to impose their will on the nation.

Buying into the pseudo-equality and the biological causality arguments of the homosexual lobby, Judge Garcia overruled the will of the people and their duly elected representatives with the wave of his pen. In his egregious decision, Garcia wrote, “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution. These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex.”

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According to the Politico, “His ruling is the latest in a tangled web of lawsuits across the country expected to end up in the Supreme Court next year.”

Judge Garcia said he would not enforce his ruling as he awaits a decision by the 10th Circuit Court of Appeals, which is already considering two other similar cases in the state. He will also allow Texas the time to appeal his decision to the 5th Circuit Court of Appeals in New Orleans.

Judge Garcia, a Clinton appointee, is the first judge in the more conservative 5th Circuit to make such a decision. Texas Attorney General Greg Abbott is expected to file an expedited appeal.

The ruling is the latest in a series of unfortunate judicial overreaches on behalf of the homosexual advocates. It follows similar decisions in Utah, Oklahoma, and Virginia. In accordance with the Supreme Court’s 2013 Windsor ruling which actually granted states the right to determine their own marriage laws, the attorneys for the state argued that Texas officials were standing on solid legal ground as they defended traditional marriage in the state. But another unaccountable judge cast the law aside as he rendered his outrageous ruling.

Todd Staples, a candidate for lieutenant governor who drafted the constitutional amendment, denounced the court’s decision by stating, “I am disappointed that judicial activism is once again trying to trump the will of the people. This ruling is the poster child of the culture war occurring in America today.”

Unfortunately, this horrendous decision represents another lawless judge who thinks he is above the Constitution and can imposes his activist agenda on the people with impugnity. Sadly, we are all the victims of a rogue judiciary gone morally wrong.

Some are calling on Texas Governor Rick Perry to boldly defy this ruling should Judge Garcia’s decision stand. The time for civil disobedience may, in fact, be upon us.

The opinions expressed by columnists are their own and do not necessarily represent the views of Barb Wire.

Jeff Allen is both a senior editor and columnist for BarbWire. He also serves as senior pastor in a mainline Christian church in Indiana. He is an ordained elder in the Church of the Nazarene. Jeff is involved in several community ministries.
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