Tag Archives: Travis County same-sex marriage

Equality, Houston Politics, Texas Politics

Marriage Equality Will Face Hurdles in Harris County

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In recent years, the month of June has often meant big news out of the Supreme Court, and June 2015 is likely to be no exception.  Any day now, it is quite possible that the issue of Marriage Equality could be settled once and for all by the Federal Government.

But just because an historic ruling could be handed down in Washington doesn’t mean that the dust will settle in states or counties any time soon.  As Dianna Wray of the Houston Press reports, Texas’ largest county is still far from making same-sex marriages a reality, even if they suddenly become the law of the land…

The U.S. Supreme Court is due to hand down its decision on same-sex marriage this month. Depending on how the court rules, county clerks across the country could see countless gay couples lining up to apply for their marriage certificates. However, if same-sex couples show up to the offices of Harris County Clerk Stan Stanart, it looks like they might have some trouble submitting their applications via the current state-issued application forms.

[…]

…should the Supremes rule in favor of gay marriage this month – and the fact that Justice Anthony Kennedy, the resident swing vote on the court, has written virtually every opinion the court has issued on gay rights in the past decade, and has voted in favor of gay rights consistently, implies that the court will find in favor of same-sex marriage – couples who wish to apply in Harris County will still have the flimsy but challenging conundrum of a paperwork problem standing between them and that marriage license.

[…]

While the county clerks in Travis and Bexar have publicly stated that they’ll deal with the marriage application form problem by simply rewriting the form so that it won’t be limited to a male and female couple, Stanart has no intentions of changing the form or doing anything to rush in and start letting gay couples get hitched as soon as the probably-favorable SCOTUS ruling is issued. It seems that even altering a couple of lines on the application form is way too close to supporting gay marriage. “Right now we’re following the current law and we’ll see what happens [with the U.S. Supreme Court], and then we’ll see what guidance the state attorney general gives us, which direction he wants to go,” Stanart says.

Having already issued the state’s first same-sex marriage license earlier this year, Travis County seems a sure bet for Texas couples seeking to wed if the state ban is struck down, with Bexar County not far behind.

While it is true that Harris County is far from alone in this “wait and see” approach, it’s also true that the state’s most populous county will face more pressure to evolve than some of its peers.  The LGBT community in Houston, with its strong political ties and rich history of activism, is not likely to accept a “de facto stay” of the ruling from the County Clerk’s office.

In any event, this is one issue that is definitely worth watching.

Off the Kuff has more.

Harris County LGBT

UPDATE:  While Harris County Clerk Stan Stanart has not changed his position on marriage equality (cough FAIL cough) , Dallas County Clerk John Warren wants his offices to be ready for the expected SCOTUS decision.  Here’s more from John Wright of the Texas Observer…

The Dallas County clerk now says he’ll issue licenses to gay and lesbian couples if the U.S. Supreme Court rules in favor of same-sex marriage later this month.

Previously, Democratic Clerk John Warren told the Observer he was concerned about modifying marriage license application forms, which are generated by the state and say “male” and “female.” Warren wrote in an email Wednesday that he contacted the Texas Department of State Health Services about the forms last week, but had not heard back, so he came up with an alternative strategy in consultation with the Dallas County DA’s office.

“When the Supreme Court issues its opinion, I will immediately meet with counsel to make sure we understand the opinion,” Warren said. “Since I feel that it will [be] in the positive, I will be ready to issue license[s]. I’ve already sent a briefing over to our commissioner’s court regarding overtime pay for my staff as well as addressed the need to have security not lock the building at its normal 5:00/5:30 scheduled time.”

Warren, who came out in support of same-sex marriage in 2013, added that he’s asked a manager to survey staff on their ability to work extended hours.

This is great news indeed.  So while Houston same-sex couples may still face discrimination in their home County, at least they know they can add Dallas to the list of places with open minds and open doors on marriage equality.

Enjoy all of those extra tourism and wedding dollars headed your way!!

Oh yes… time to update the map

Texas Counties Marriage Equality2

 

Equality, Texas Politics

Texas’ First Same-Sex Marriage Granted in Travis County

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Today history is made in the state of Texas, as the first same-sex couple is officially granted a marriage license.  Here’s the scoop from the Austin-American Statesman…

Two Austin women were legally married Thursday morning after a Travis County judge ordered the county clerk to issue a marriage license.

Sarah Goodfriend and Suzanne Bryant, together almost 31 years, said their vows before Rabbi Kerry Baker while standing in front of the Travis County Clerk’s Office sign on Airport Boulevard.

The couple was denied a license in the same office building eight years ago.

But on Thursday morning, state District Judge David Wahlberg, petitioned by a lawyer for Goodfriend and Bryant, ordered Travis County Clerk Dana DeBeauvoir to grant the couple a marriage license.

The ceremony was a mix of personal – with friends and their teenage daughters, Dawn and Ting, standing nearby – and public statement, with photos of their vows in front of the county sign.

The license was granted in the wake of earlier events this week, as Travis County Judge Guy Herman issued a ruling striking down the state marriage ban in the county, calling it a violation of Equal Protection rights under the U.S. Constitution.

At present, the marriage of Goodfriend and Bryant is no guarantee that other couples can get married just yet.  Travis County Clerk Dana DeBeauvoir stated that her office issued the marriage license solely in compliance with this specific court order.  But this is of course still an historic event for the Lone Star State, however it happened.  More petitions and legal challenges are sure to follow.

travis county

(photo credit:  Statesman Video) 

Equality, Texas Politics

LOOKOUT! Marriage Equality May Soon Land In Texas

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Some very exciting news may be ahead for LGBT Texans, as reported by John Wright in the Texas Observer…

Last week, plaintiffs in a federal lawsuit challenging Texas’ marriage bans asked U.S. District Judge Orlando L. Garcia to lift his stay of a February decision striking down the bans. If Garcia lifts the stay, it could create a window for same-sex marriages to occur in Texas before Republican Attorney General Greg Abbott can seek a new stay from the U.S. 5th Circuit Court of Appeals, which is set to hear oral arguments in the case on Jan. 9.

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“I don’t think there is anything keeping them from issuing the licenses once the stay is lifted, but an argument could be made that they aren’t required to do so until it [the outcome of the case] becomes final,” Upton said.

Fortunately, same-sex couples from Fort Worth will be able to obtain licenses in Dallas, where Democratic clerk John Warren said he’s prepared to issue them.

“You take an oath to uphold the law, and if the law changes, you’ve got to do it,” Warren said. “If the law says I can’t, then I won’t. If the law says I can, then I will.”

Democratic Republican Bexar County Clerk Gerhard C. “Gerry” Rickhoff said in addition to keeping his office open ’round-the-clock, he’s considering setting up tables in Main Plaza to accommodate same-sex couples. Rickhoff said he’s also lined up district judges to waive a 72-hour waiting period before ceremonies can occur, as well as officiants to conduct them.

“There’s a pent-up demand to stop these civil rights violations that are pretty evident,” Rickhoff said. “I would imagine they’ll be driving into San Antonio in droves, and that’s what we’re prepared for. Nobody will be turned away. We’ll work until there’s nobody left.”

Democratic Travis County Clerk Dana DeBeauvoir said her office will also be ready to extend its hours if Garcia lifts the stay.

This same “marriage window” occurred earlier this year in the state of Arkansas, where a judge struck down the state’s ban on same-sex marriage, but state Attorney General Dustin McDaniel did not file an emergency stay upon appeal of the judge’s ruling.  As a result of this window, 541 couples were able to marry in the Natural State, but for now the validity of those marriages is in legal limbo.

But Arkansas seems to be following a very familiar playbook… that of California.  Because of the marriages established for the state beginning in 2004, the Supreme Court had no choice but to strike down California’s ban once and for all in 2013.  These are all important steps in the process.  It’s one thing for a state to ban any and all possibilities of marriage.  But once people are allowed to obtain official marriage licenses from any counties willing to issue them, it’s going to be hard for Texas to keep up appearances with the state’s marriage ban.

So there you have it… we’ve got at least 3 Texas County Clerks that are ready to start issuing same-sex marriage licenses at any time.  Let’s hope that judge Garcia lifts the stay soon, and if you’re an interested couple that doesn’t live in Dallas, Austin or San Antonio, get your bag packed for a quick trip!

LGBT marriage County Clerks

(Photo credit:  Equality Texas)