GOP Lawmaker Wants To Declare Texas A Sovereign Anti-Gay State On Same-Sex Marriage

GOP Lawmaker Wants To Declare Texas A Sovereign Anti-Gay State On Same-Sex Marriage

CecilBellJr

A Republican Texas state lawmaker has filed a bill attempting to re-ban same-sex marriage in the highly likely event it is made legal in the Lone Star State by federal courts.

Rep. Cecil Bell Jr. on Wednesday introduced House Bill 623, which he’s calling the “Texas Preservation of Sovereignty and Marriage Act.”

The bill would essentially declare Texas a sovereign state when it comes to the issue of same-sex marriage, meaning it wouldn’t have to comply with federal court rulings.  

The Texas Observer reports: 

HB 623 would amend the Texas Family Code to prohibit the use of  taxpayer funds for the “the licensing or support of same-sex marriage.” It would also bar government employees from recognizing, granting or enforcing same-sex marriage licenses. Any government employee who violates the provision would be barred from collecting “a salary, pension, or other employee benefit.”

HB 623 would also require Texas courts to dismiss challenges to the law and award attorneys’ fees to defendants. And it would grant Texas sovereign immunity under the 11th Amendment to the U.S. Constitution when it comes to enforcing the law, “regardless of a contrary federal court ruling.”

“When I was elected, I made a promise to my constituents to fight to protect our traditional values and to stand strong in the defense of our constitutional rights as Texans and Americans,” Bell said in a release. “Texas is a sovereign state and our citizens have the right to define marriage. We as Texans voted in 2005 to define marriage as being solely between a man and a woman. In Texas marriage is sacred and traditional families are recognized as the fabric of our society.”

Last February, U.S. District Judge Orlando Garcia struck down Texas’ marriage bans as unconstitutional. But Republican Attorney General Greg Abbott appealed the decision to the 5th U.S. Circuit Court of Appeals, which will hear oral arguments in the case on Friday. 

More on Bell’s bill from The Texas Tribune

“The federal government is trying to act to create moral standards, and that’s just not acceptable,” Bell said.

Daniel Williams, a legislative specialist for the gay rights group Equality Texas, said the bill would go against legal precedent. 

“This bill is retreading very well-established precedent here. In 1869, the U.S. Supreme Court decided in Texas v. White that no, Texas does may not ignore federal law whenever it wants,” Williams said. “Beyond it ignoring federal law, it would actually punish state employees who follow the law.”

Ken Upton, Dallas-based senior counsel at Lambda Legal, called the bill “laughable.” 

“How can someone who knows so little about the way government works be elected?” Upton told Towleroad.
 
Equality Texas issued an action alert calling on people to contact Bell’s office. “Tell Cecil Bell that Texas and Texans respect the constitution, respect the rule of law and respect the right of loving couples to make their own decisions absent unnecessary government intervention,” the group wrote. 

 
Bell will also be hosting an open house next week to kick off the Texas legislative session. Details below should anyone wish to crash the party. 
Also, watch one of Bell’s campaign ads, AFTER THE JUMP … 
 
Bell


John Wright

www.towleroad.com/2015/01/gop-lawmaker-wants-to-declare-texas-a-sovereign-anti-gay-state-on-same-sex-marriage.html

To Be a Fly on the Wall

To Be a Fly on the Wall
On Friday, January 9, the United States Supreme Court will discuss whether to review of one or more of the five marriage equality cases now before it. We’d love to be a fly on the wall at the Court’s private conference, but we, like millions of other LGBT Americans and their friends and families, will have to wait for the Court’s public announcement, which could come later that day, the following Monday, or even later in January.

Nearly all legal observers thought the Supreme Court would take a marriage equality case last October, but the Court instead declined to review decisions in favor of the freedom to marry from the 4th, 7th, and 10th Federal Circuits. Marriages began immediately in Virginia, Indiana, Wisconsin, Oklahoma, and Utah. Other states in these federal circuits, such as Colorado, North Carolina, and West Virginia soon thereafter followed suit. At the same time, the 9th Circuit Federal Court ruled in our favor, and states such as Nevada, Idaho, and Arizona gained equality. Today, 36 states and the District of Columbia have marriage equality.

But a very conservative federal trial judge in Louisiana and the 6th Circuit federal appeals court (covering Michigan, Ohio, Kentucky, and Tennessee) failed to follow the otherwise unanimous consensus of lower federal courts, which had sided with equality since the Supreme Court struck down DOMA in 2013. The 6th Circuit and the Louisiana federal judge upheld the statewide marriage bans before them.

Speculation is high that the Supreme Court will grant review of the 6th Circuit (or Louisiana) decision. Last summer, Justice Ginsberg, stated that “some urgency” would exist for the Court to take the case if the 6th Circuit ruled against equality. Conflicting decisions from federal circuit courts present a classic reason for the Supreme Court to review a case. Justices Thomas and Scalia indicated late last fall that they had wanted the Court to take one of the cases in October. But the Supreme Court could also decline review of the 6th Circuit and Louisiana cases and continue to allow the various federal appellate courts to reach their own decisions regarding state marriage bans.

We urge the Supreme Court to grant review of one or more of the cases before it and establish marriage equality nationwide and heightened constitutional protection for LGBT people more broadly. If it doesn’t, LGBT people will continue to be excluded from marriage in Michigan, Ohio, Kentucky and Tennessee for the indefinite future. Married LGBT couples will remain vulnerable if they move or travel to a state without equality. LGBT couples who married in states with equality but live in states without it will be deprived of important federal rights and protections. And LGBT Americans will continue to live with uncertainty as to whether the Supreme Court and other federal courts will protect us from governmental discrimination in all aspects of our lives.

As we await the Supreme Court’s decision, action will continue apace in the federal circuits. Marriages began in Florida earlier this week, and briefing is nearly complete in the 11th Circuit. The 5th Circuit (covering Mississippi, Louisiana, and Texas) will hold oral argument in marriage equality cases on January 9, the same day the Supreme Court will conduct its conference. Decisions will follow in the coming months. The First Circuit is also reviewing an unfavorable ruling from Puerto Rico, and the Eighth Circuit (covering states such as Arkansas, Missouri, Nebraska, and the Dakotas) will be hearing and deciding case(s) as well.

The case for equality is strong if the Court takes a case this January. The Court’s 2013 Windsor decision articulated forcefully the harm that inequality causes LGBT couples and their families. If the Court takes a case this term, oral argument will take place in the spring with a decision very likely in late June — just in time for Pride. We hope for an equality filled 2015.

John Lewis and Stuart Gaffney, together for nearly three decades, were plaintiffs in the California case for equal marriage rights decided by the California Supreme Court in 2008. They are leaders in the nationwide grassroots organization Marriage Equality USA.

www.huffingtonpost.com/stuart-gaffney/to-be-a-fly-on-the-wall_b_6438112.html?utm_hp_ref=gay-voices&ir=Gay+Voices

Kim Fu's ‘For Today I Am A Boy’: Book Review

Kim Fu's ‘For Today I Am A Boy’: Book Review

BY GARTH GREENWELL

Early in this uncommonly moving debut novel—the last book I read in 2014, and one of the best—the young narrator, Peter Huang, goes to the movies with his adored older sister Adele. The theater plays old movies, and they watch Sabrina, the classic film starring Audrey Hepburn. Sitting with his beautiful sister, heartbroken that in a few weeks Adele will leave for college, Peter sees in Hepburn an impossible ideal, an embodiment of the kind of woman he feels sure he was meant to be.

FuBut everything in Peter’s life seems designed to keep him from anything like an authentic self. The child of Chinese immigrants in a small Canadian town, Peter is the only boy in a family of four children, the answer to his father’s prayers. Peter’s father is in some ways desperate to assimilate—he refuses to speak Cantonese and forbids his wife from cooking their native cuisine—but he has deeply traditional ideas about gender and the duties of children. He gives Peter the Chinese name Juan Chaun, “powerful king,” and expects him to act accordingly.

But Peter can’t be the son his father wants, and he lives for stolen moments when he can imagine himself into a different life. Alone in the afternoons after school, he puts on his mother’s apron and cleans the house, then cooks a meal his sister will take credit for. When his father discovers that his son has been doing “women’s work,” his response is immediate and cruel.

Peter does find allies in his small town, people he can begin to share his secrets with, but it isn’t until he moves to Montreal as a young man that he has his first glimpses of queer life. And even here he can’t let himself make use of his new freedom. Years after he leaves home, even after his father’s death, Peter is still ruled by his parents’ expectations. He feels not just shame at being trans, but absolute certainty that anything like a full life is impossible.

It’s not surprising, then, that Peter’s first sexual experiences are bound up with violence. In one of the book’s most powerful sequences, he enters into an abusive relationship with a much older woman, who stages scenes of sexual sadism and racist humiliation. In a devastating scene, this woman dresses Peter as a woman and then chokes him in front of a mirror, so that “I could watch my own blissful face white out slowly, glowing like an angel’s, until I passed out.”

Kim FuStructured in short, intense fragments and poetic scenes, Kim Fu’s novel follows Peter’s life over three decades, and one of its strengths is that Peter’s coming of age doesn’t fit into any easy narrative of liberation. Even when he does fall in with a group of young people who seem entirely comfortable with their queer identities, with rich lives and loving relationships, Peter’s response, at least at first, is to feel less relieved than enraged. 

“Who were these kids?” Peter asks himself. “What right had they to be born into a world where they were taught to look endlessly into themselves…To ask themselves, and not be told, whether they were boys or girls?”

The novel doesn’t offer any easy answers to Peter’s questions, or to other questions he asks about family and gender and sex. It certainly resists any sense that there are ready-made answers to those questions, or that they can be resolved in anything other than individual, divergent, and partial ways.

In fact, the novel suggests, Peter’s best chance at happiness may not be in the urban queer community Montreal offers, but instead where he began, within his difficult, fractured family, and especially in his relationships with his three sisters, each of them desperate for a wholeness their lives seem to refuse them.

For Today I Am a Boy is an extraordinarily accomplished first novel, and Fu is a thrilling new voice. She’s at once compassionate toward her characters and uncompromising in her refusal of the usual novelistic resolutions of questions that remain intractable in lived experience. Lyrical, sometimes brutal, always beautiful, this is a brilliant book. 

Previous reviews…
Joyce Brabner’s ‘Second Avenue Caper
Shelly Oria’s ‘New York 1, Tel Aviv 0’
Colm Tóibín’s ‘Nora Webster’
Saeed Jones’s ‘Prelude to Bruise’
 
Garth Greenwell is the author of Mitko, which won the 2010 Miami University Press Novella Prize and was a finalist for the Edmund White Debut Fiction Award and a Lambda Award. His new novel, What Belongs to You, is forthcoming from Farrar, Straus and Giroux in September 2015. He lives in Iowa City, where he is an Arts Fellow at the University of Iowa Writers’ Workshop. Connect with him on Facebook and Twitter.


Garth Greenwell

www.towleroad.com/2015/01/kim-fus-for-today-i-am-a-boy-book-review.html