Tag Archives: San Antonio Express News

Texas Judge Declines To Lift Stay Preventing Marriage Equality

After several days of hopeful anticipation, it appears that LGBT couples hoping to marry in Texas will once again have their dreams deferred.  Here’s the story by Guillermo Contreras of the San Antonio Express-News (via the Houston Chronicle website)…

A San Antonio-based federal judge declined on Friday to allow gay marriages to take place in Texas while the state awaits a ruling from the 5th Circuit Court of Appeals.

In February, U.S. District Judge Orlando Garciaruled Texas’ same-sex marriage ban unconstitutional, but — knowing his ruling would be appealed — imposed a hold that prevented gays from immediately getting married. The state did appeal, and the U.S. 5th Circuit Court of Appeals in New Orleans has scheduled oral arguments for Jan. 9.

In early October, the U.S. Supreme Court declined to review same-sex marriage cases from five other states, effectively legalizing gay marriage in Utah, Oklahoma, Virginia, Indiana and Wisconsin. Since then, federal courts in five additional states have overturned their bans, bringing the total number of states with legalized same-sex marriage to 35. It also is legal in Washington, D.C., and St. Louis.

Noting the legal landscape has changed, the two couples who challenged Texas’ ban, Nicole Dimetman andCleopatra De Leon and Mark Phariss and Victor Holmes, requested last month that Garcia lift the stay.

In his latest order, Garcia said he was not persuaded that the actions by the Supreme Court supported lifting his stay. He also denied the state’s claim that he had no jurisdiction in the case anymore.

However, his order shows he appeared on the brink of lifting the stay.

Garcia seemed to anticipate that the 5th Circuit would put the stay back in place in the Texas case if he lifted it. If lifted, he wrote, it would create a rush to courthouses of same-sex couples seeking to get married, only to see themselves in legal limbo should the stay be reimposed by the appeals court.

“Lifting the stay would not bring finality to this Fourteenth Amendment claim,” Garcia wrote. “To the contrary, such action would only be temporary, with confusion and doubt to follow. The day for finality and legal certainty in the long and difficult journey for equality is closer than ever before.”

So in Garcia’s opinion, he wants to avoid the ‘legal limbo’ that would be caused by allowing a brief window for marriage equality in Texas, preferring that couples simply continue to wait until the issue is settled by the Supreme Court.

But many of the couples see things differently, as legal limbo was exactly what they were seeking to create for the state.  As laws stand, Texas is currently able to deny LGBT couples because they do not have official state documentation of their marriages, even in the case that they are legally married from another state.  Like Katy resident Connie Wilson, who was initially denied access to a Texas Driver License because the state didn’t recognize her California marriage certificate, the Texas government is currently using the fact that couples cannot legally marry in the state as an excuse to discriminate.

However, this sanctioned discrimination becomes much tougher to accomplish when the documentation is from Texas itself.  That is why even the small window of time that would allow a few couples to marry could prove critically important once cases do reach the Supreme Court.  Lifting the stay would be far from a final solution, but it could serve to strengthen the overall case for marriage equality in Texas.  But that is not the direction Judge Garcia has chosen.

 

In ‘Immigration Action’ Lawsuit, Abbott Forecasts Future As Governor

During the 2014 campaign Texas Governor-Elect, Attorney General Greg Abbott said gave this as his current job’s description…

“I wake up.  I sue Obama.  I go home.”

Even as he prepares to assume the state’s highest office, Abbott still has time to file yet another frivolous lawsuit claiming that the President’s Executive Action on Immigration is somehow in violation of the United States Constitution. Here’s more on the news from Michele Richinick of MSNBC

Republican Attorney General Greg Abbott and governor-elect of Texas said that his state’s immigration lawsuit against President Barack Obama is to prevent executive actions from causing “harm” to the U.S. Constitution.

Seventeen states, including Texas, filed a joint lawsuit against the White House on Wednesday for its executive actions. Abbott, who will replace current Gov. Rick Perry next month, is leading the legal action. He previously cited his beliefs that the country’s immigration system is “broken,” and that the Constitution says the immigration policy must be fixed by Congress, not by presidents.

What we’re suing for is actually the greater harm, and that is harm to the Constitution by empowering the president of the United States to enact legislation on his own without going through Congress,” Abbott told NBC News’ Chuck Todd Sunday on “Meet the Press.” He continues to argue that the president’s actions will inspire a fresh wave of undocumented immigrants into the country.

The only problem with Abbott’s argument??  President Obama is not enacting any legislation of any kind.  He has not halted deportations, or granted any form of citizenship to undocumented persons.  The Executive Action has simply created a more logical way to deal with the reality of people that are already here.

Given his new job next month, perhaps the Governor Elect needs to brush up the skills of being an executive.  Continuing to throw useless lawsuits at Obama does not instill confidence that Mr. Abbott is ready to assume the new job.

However, it could get him into hot water with a large part of his statewide constituency, as Alexa Ura of the Texas Tribune reports…

Along with his 20-point margin of victory, Gov.-elect Greg Abbott accomplished something on Election Day that many naysayers doubted the Republican could: He took 44 percent of the Hispanic vote.

For Texas conservatives, Abbott’s performance indicated that Republicans are making headway among this increasingly crucial voting bloc, which tends to lean Democratic. But upon taking office, Abbott will find himself in turbulent political waters.

[…]

Abbott, the current attorney general, had to fulfill a campaign promise by filing a lawsuit challenging President Obama’s executive order protecting up to five million undocumented immigrants, including half a million Texans, from deportation.

“By winning the election and being successful among Hispanics in a low-turnout election, Greg Abbott has not solved the fundamental problem that he has politically,” said Jim Henson, a Texas Tribune pollster and director of the Texas Politics Project at the University of Texas at Austin.

The thorniest issue Abbott may face is a proposed repeal of the so-called Texas DREAM Act, which allows some undocumented students to pay in-state tuition at public universities and community colleges.

For most of his campaign, Abbott avoided taking a definitive stance on the act. He urged reform of the program, not a repeal. In a September debate with his Democratic opponent, state Sen. Wendy Davis, Abbott said he would not veto a repeal of the tuition law if it reached his desk.

Campaign promise or not, why would Abbott, now safely on his way to office, choose to take step guaranteed to divide many parts of the Texas Republican party?  Simple… it’s because Abbott truly doesn’t believe in Immigration Reform.  If he did, he would drop the act and let people know just how non-controversial and sensible the President’s actions are.  Or at the very least, not spend the time and energy needed for this lawsuit.

Ask any politician their most favorite time of their political career, and they will likely tell you it was just after being elected.  The grueling work of campaigning is done, and nothing but a bright future of what could be lies ahead.  This is a time to make big plans, and go for bold ideas.  But for the man set to lead the Lone Star State, that’s not what is happening.  Instead of looking to a bigger and better future for Texas, Greg Abbott has decided to just play in the weeds of blanket Obama hatred like his predecessor.  If first actions are any indication, the Greg Abbott version of Governor really be much the same as that under Rick Perry… maybe worse.

Get ready Texas… it’s going to be a long 4 years.

About the Same

A Big Deal: Texas’ First Lieutenant Governor’s Debate

For over two weeks, Texans have been wondering if there would be a Lieutenant Gubernatorial debate this year.  Now we have the answer, as Dan Patrick has agreed to at least one of five debates proposed by Democratic rival Leticia Van de Putte.  Along with the article linked above from the Texas Tribune, here’s an official press release from the Texas Democratic Party…

Austin, TX – On July 28, 2014, Senator Leticia Van de Putte released her Texas First debate schedule. She challenged Dan Patrick to at least five debates, broadcasted across major regions of this great state.

After 15 days of silence, Dan Patrick’s staffer accepted one debate via Twitter.

Will Hailer, Executive Director of the Texas Democratic Party, released the following statement:

“After hiding for 15 days, Senator Patrick has finally agreed to a single debate with Senator Van de Putte through a staffer on Twitter. He dodged the press last week at the Texas Association of Broadcasters and even though he had more than 20 debates and forums during the primary season, Dan Patrick is running scared and has only agreed to a single debate when Senator Van de Putte proposed at least five. Patrick’s team knows that the more he talks publicly, the more Texans will reject his extremism. One debate, Dan Patrick is thinking small for Texas, where everything is bigger.”

UPDATE:  The debate is set for Monday, September 29th.

Gubernatorial candidates Wendy Davis and Greg Abbott will have two debates this fall… September 19th in the Rio Grande Valley and September 30th in Dallas.

Like the TDP, Senator Van de Putte isn’t giving up on the fully proposed schedule.  “I look forward to hearing from Dan on the rest of my proposal. One down, at least four to go. ¡Dale Gas!” Van de Putte’s camp said in a press release.  

This is huge news for the state of Texas, which hasn’t seen a true general election debate in over a decade for the office of Lieutenant Governor.  There also hasn’t been a general election Gubernatorial debate since 2006.  Many people may downplay that a general election debate is really all that important, but it serves an important purpose in presenting both sides of the political argument, especially to low-information voters or those that don’t pay attention to the election until the last minute.  For a very long time in Texas, voters have been trained to believe that there is only one main viewpoint in this state…. Republican.  But now, with at least 3 of these events to look forward to, Texas Democrats have another measure of proof that the party is getting stronger.

Much of the pressure put on Dan Patrick’s camp to debate came from press releases and social media, and Van de Putte’s supporters have not let up.  Could these debates change the scope of Texas Politics?  No one knows just yet.  But this year at least, Texas Democrats have a real fighting chance, instead being locked out of the ring altogether.  Regardless of the final result in November, this is a win for the Party.

 

 

San Antonio Passes Historic Non Discrimination Ordinance

As parts of the United States continue to evolve on the issues of LGBT equality, progressives in Texas often feel like they’re running behind. and of course they feel that way because they are. The Republican-controlled state government has pledged pledged at every turn to deny reality, and actively promote LGBT discrimination. 

But the Lone Star State may not be that way much longer if San Antonio has anything to say about it. Directly from the San Antonio Express-News

An issue that starkly divided San Antonio this summer was resolved Thursday when the City Council approved an ordinance that adds protections for sexual orientation, gender identity and veteran status to the city code.

In four separate public forums since mid-August, more than 1,500 people approached the dais at City Hall and addressed the council, speaking passionately in support of and against the ordinance that drew national attention. Final public comments were heard about three hours before the council took its vote.

In separate votes, the council approved adding veteran status 9-2, and approved adding LGBT protections 8-3.

“It’s a common-sense ordinance that’s going to treat everyone equally,” Mayor Julián Castro said after the vote. “Nobody will be a second-class citizen in San Antonio. Here, there will be basic fairness and common decency for everybody.”

This ordinance is definitely historic for the city of San Antonio, but it is not without state precedent. Houston’s non discrimination ordinance protects people based on race, religion, gender and sexual preference. But in 2010, Houston Mayor Annise Parker extended further non discrimination protections to city employees and contractors by executive order. The cities of Austin, Dallas and Fort Worth have the most comprehensive non discrimination ordinances in the state of Texas.

But given the fight that ensued just to extend these basic protections to municipal employees, one has to salute Mayor Castro and Council for having the guts to advance equality in the Alamo City. Congratulations San Antonio!