miketx
Diamond Member
- Dec 25, 2015
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- #501
Why are you so bigoted against people who are not sick? Are you a homo? Do you want to marry a man?Just in case there is anyone here who can stop obsessing about gay sex, and slinging mud at gays and liberals long enough to actually consider the facts of this case, here is an interesting take on it.
Texas’ Bizarre Anti-Equality Ruling | Right Wing Watch
By Paul Gordon | July 5, 2017 10:57 am
The Texas Supreme Court issued a bizarre ruling on Friday that, Obergefell notwithstanding, it isn’t clear whether Houston can legally provide marriage benefits to city employees married to someone of the same sex, given the state’s laws prohibiting such benefits.
First, a little background on the Texas Supreme Court: Justices are elected in partisan elections, and all nine justices are Republicans. In fact, the court in this deeply red state has been all-Republican since 1999.
To respect precedent and the rule of law, the court should have held that Obergefell requires the government to treat all marriages the same regardless of the sex of the spouses. But that’s not what they did, as today’s decision states:
The Supreme Court held in Obergefell that the Constitution requires states to license and recognize same-sex marriages to the same extent that they license and recognize opposite-sex marriages, but it did not hold that states must provide the same publicly funded benefits to all married persons …
The state supreme court doesn’t take a position on the benefits issue, but remands it back to the trial court for it to consider:
We cannot resolve the parties’ claims now, however, because they have not yet been fully developed or litigated. The parties’ arguments address the meaning and ramifications of Obergefell, which was not announced until after the parties had filed their briefs in the court of appeals. Naturally, the parties did not raise their current arguments in the trial court or in the court of appeals, and neither court ruled on them.
This “reasoning” would be laughable if it weren’t so harmful
Pavan reversed the lower court without even a hearing not because it was an example of an “open question” left by Obergefell that the Court needed to address. The Court forcefully issued a summary reversal precisely because Obergefell provided the final word on these types of issues.
The state supreme court doesn’t take a position on the benefits issue, but remands it back to the trial court for it to consider:
We cannot resolve the parties’ claims now, however, because they have not yet been fully developed or litigated. The parties’ arguments address the meaning and ramifications of Obergefell, which was not announced until after the parties had filed their briefs in the court of appeals. Naturally, the parties did not raise their current arguments in the trial court or in the court of appeals, and neither court ruled on them.
Any thoughts or do you clowns just want to continue you adolescent bigoted banter?