AUSTIN, Texas (AP) — As a newlywed lesbian couple in Texas celebrate defying a statewide ban on gay marriage, the state’s Republican attorney general is preparing to tell a court Friday why it should rule their nuptials invalid.
The marriage license given to two Austin women — who succeeded by seizing on a ruling this week in an unrelated estate squabble — thrust Texas back into the national spotlight over gay marriage but didn’t send same-sex couples rushing to courthouses.
The Texas Supreme Court acted quickly after an appeal from Attorney General Ken Paxton to block other potential gay marriages, making the nuptials somewhat bittersweet for Suzanne Bryant and Sarah Goodfriend.
“We just feel like we were in the right place at the right time, to maybe put a nice crack in that door that’s going to open up for all Texans,” Bryant said. Texas is one of 13 states where gay marriage remains outlawed.
Friends and Democratic lawmakers toasted Bryant and Goodfriend, who have been together 30 years and have two teenage daughters, at a downtown Austin bar Tuesday night after county officials obeyed a judicial order to wed the couple.
Goodfriend, 58, has ovarian cancer. A state district judge raised the “severity and uncertainty” of her condition in granting the women permission to marry, sending the couple scrambling through a Travis County clerk building in case state Republican leaders got wind and intervened.
Within hours, the Texas Supreme Court had blocked other gay couples from getting married under similar special exceptions — but didn’t address the women’s marriage, which Paxton said he considered void.
But that remains in dispute, and Paxton’s spokeswoman, Cynthia Meyer, said their office will file additional paperwork with the state Supreme Court on Friday to argue their case.
“Activist judges don’t change Texas law and we will continue to aggressively defend the laws of our state,” Paxton said in a statement.
New Republican Texas Gov. Greg Abbott also reaffirmed his support for Texas’ constitutional ban on same-sex marriage that voters overwhelmingly approved in 2005.
The women were granted a one-time license after an Austin probate judge this week ruled the state’s gay marriage ban unconstitutional in an estate case that was unrelated to the couple. Sensing an opportunity, Goodfriend and Bryant had their lawyer petition the judge Thursday morning.
State District Judge David Wahlberg, an elected Democrat, sided with the couple and directed Travis County officials to stop relying on “the unconstitutional Texas prohibitions against same-sex marriage as a basis for not issuing a marriage license.”
Bryant said that being legally married to Goodfriend would ensure inheritance and allow the couple to make medical decisions for each other should one of them become critically ill.
Courts in Indiana made a similar exception for a lesbian couple in April because one of the women was dying of cancer and wanted her partner’s name on her death certificate. A federal appeals court overturned Indiana’s ban in September.
A federal judge in San Antonio last year overturned Texas’ same-sex marriage ban but put his ruling on hold while the state appeals to the 5th U.S. Circuit Court of Appeals.
“We are all waiting for a final decision on marriage equality,” said Travis County Clerk Dana Debeauvoir, whose office issued the marriage license. “However, this couple may not get the chance to hear the outcome of this issue because of one person’s health.”
Goodfriend, policy director for state Rep. Celia Israel, said during a news conference that her last chemotherapy treatment was 4 ½ months ago. But, she added: “All of us wonder if the cancer grows back along with the hair growing back.”
Bryant, an Austin lawyer who works on adoptions for same-sex couples, said she and her wife believe their marriage license is valid.
Mark Phariss, who along with his partner are leading the Texas gay marriage lawsuit in federal court, said he was “thrilled” by news of the nuptials even though it’s unlikely to impact their bigger case. He said Bryant and Goodfriend’s circumstance “is evidence of the harm the ban is having on the state.”
Shortly after their marriage, Travis County officials said two other same-sex couples inquired about marriage licenses. By then, Paxton’s office was already preparing its emergency filing with the state Supreme Court.
“The AG can do what he wants. This is a very good day in Texas for progressively minded people, much less lesbian and gay people,” said Steven Tomlinson, who celebrated with Goodfriend and Bryant at their party Tuesday night.
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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber
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As always, Texas is fighting a losing battle with equality.
This leaves us with the real question here----
Why do conservatives oppose equality under law as the US Constitution requires unequivocally?
I’m confused I always thought that Texans were big, bold and unafraid of nothing!
I guess I was wrong with the unafraid part!
Two people in love want to get married and they pull up their collective panties, running helter-skelter across the state screaming, the gay’s are ruining marriage for us straight talking Texans!
One of Texas’s biggest problems is with that goofy looking cowboy hat they wear and it reminds me of a job about a Texas man and his cowboy hat!
Joe was a successful Texas lawyer, but as he got older he was increasingly hampered by incredible headaches. When his career and love life started to suffer, he sought medical help. After being referred from one specialist to another, he finally came across an old country doctor who solved the problem. “The good news is I can cure your headaches… the bad news is that it will require castration.” You have a very rare condition which causes your testicles to draw up against the base of your spine and the pressure creates one hell of a headache. The only way to relieve the pressure is to remove the testicles." Joe was shocked and depressed. He woundered if he had anything to live for. He couldn’t concentrate long enough to answer, but decided he had no choice but to go under the knife. When he left the hospital he was without a headache for the first time in 20 years, but he felt like he was missing an important part of himself. As he walked down the street, he realized that he felt like a different person. He could make a new beginning and live a new life. He saw a men’s clothing store and thought, “that’s what I need … a new suit.” He entered the shop and told the salesman, “I’d like a new suit.” The elderly tailor eyed him briefly and said, “Let’s see… size 48 long.” Joe laughed, “That’s right, how did you know?” “Been in business 60 years!” Joe tried on the suit. It fit perfectly. As Joe admired himself in the mirror, the salesman asked, “how about a new shirt?” Joe thought for a moment and then said “sure…” The salesman eyed Joe and said “let’s see…34 sleeves and…17 and a half neck.” Joe was suprised, “that’s right, how did you know?” “Been in the business 60 years” Joe tried one the shirt, and it fit perfectly. As Joe adjusted the collar in the mirror, the salesman asked “how about some new shoes?” Joe was on a roll and said “sure!” The salesman eyed Joe’s feet and said “Let’s see… 12-1/2…E.” Joe said astonished, “that’s right, how did you know?” “Been in business 60 years!” Joe tried on the shoes and they fit perfectly. Joe walked comfortably around the shop and the salesman asked “how about a new hat?” Joe thought for a second and said, “sure!” The salesman stepped back, eyed Joe’s head and said “Let’s see… size 8 1/4.” Joe laughed, “Ah ha! I got you, I’ve worn a size 7 1/2 since I was 18 years old.” "The salesman shook his head, “you can’t wear a size 7 1/2 hat, the downward pressure of your cowboy hat will draw up your testicles into a real tight ball and give you one hell of a headache.”
“Activist judges don’t change Texas law and we will continue to
aggressively defend the laws of our state,” Paxton said in a statement. No, they just change Federal law. Or at least try to.
Texas. Where we serve up a little dish of compassion occasionally, only if you are ready for a big dose of dickishness.
“I say we just nuke the whole place from orbit. It’s the only way to be sure.”
Aliens