Another judge decides to legislate from the bench

To paraphrase The Beatles, we "read the news today of boy" about another judge who wants to change what the voters of Texas decided years ago.  We saw similar decisions in Virginia and other states.  The "gay marriage" movement is "judge shopping" and showing no respect for the voters.  

This is from The Dallas Morning News:

"A federal judge in San Antonio ruled Wednesday that Texas’ ban on same-sex marriage unconstitutionally deprives some citizens of due process and equal protection under the law by stigmatizing their relationships and treating them differently from opposite-sex couples.  

U.S. District Judge Orlando Garcia cited recent U.S. Supreme Court rulings as having trumped Texas’ moves to ban gay marriage. 

“Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent,” he said in his order. “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”  

But Garcia’s ruling, while a major victory for groups seeking to make marriage legal for gay and lesbian couples nationwide, will not win them Texas marriage licenses anytime soon."

Texas AG Abbott, who is running for governor and the very likely GOP nominee, said that he will appeal.

Judge Garcia should take off his robe and get in the political arena if he believes that the voters got it wrong.  He is entitled to his opinion about the definition of marriage but not to create one from the bench.

Same sex marriage will have a lot more legitimacy if voters, not Judge Garcia, make it happen.


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