Comments on: Discrimination makes for Odd Arguments http://cascadiajournal.com/2009/10/discrimination-makes-for-odd-arguments/ Liberal Musings From Cascadia - Comments on Places, People, and Politics Fri, 20 Jan 2012 20:18:28 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Bryan http://cascadiajournal.com/2009/10/discrimination-makes-for-odd-arguments/comment-page-1/#comment-411 Bryan Mon, 09 Nov 2009 14:22:30 +0000 http://cascadiajournal.com/?p=411#comment-411 Actually, it really doesn't make much difference here whether the requirement for marriage to be between one man and one woman is a current change or 50 years ago or written into the original constitution. The issue is that the state law dictates that two otherwise eligible adults cannot choose to marry solely because of their gender. Whether the law is recent or not, it is still wrong to discriminate for this reason. Frankly, I think it is odd that they moved to Texas for any purpose. The fact is, though, that they did, and did so legally. They are also legally married. As some state legislatures become enlightened enough to change these archaic and discriminatory laws, other states will need to face how they will continue to justify their own discriminatory laws. Actually, it really doesn’t make much difference here whether the requirement for marriage to be between one man and one woman is a current change or 50 years ago or written into the original constitution. The issue is that the state law dictates that two otherwise eligible adults cannot choose to marry solely because of their gender. Whether the law is recent or not, it is still wrong to discriminate for this reason.

Frankly, I think it is odd that they moved to Texas for any purpose. The fact is, though, that they did, and did so legally. They are also legally married. As some state legislatures become enlightened enough to change these archaic and discriminatory laws, other states will need to face how they will continue to justify their own discriminatory laws.

]]> By: Hal Davis http://cascadiajournal.com/2009/10/discrimination-makes-for-odd-arguments/comment-page-1/#comment-399 Hal Davis Tue, 06 Oct 2009 00:16:57 +0000 http://cascadiajournal.com/?p=411#comment-399 The Texas law is not "one of those recently enacted" provisions. I don't have access to my law books right now, but in Texas marriage has been defined as involving one man and one woman since before I was in law school 20 years ago. I specifically remember studying for my Family Law Final Exam learning the difference between marriages, void marriages, voidable marriages, and no marriage at all (homosexual marriage was no marriage at all because it didn't involve one man and one woman). And, no, the AG is not requiring this couple to remain married. He's attempting to require them to remain "unmarried in Texas". The logic is that if they became married in Massachusetts, then it's Massachusetts' problem how to get them divorced. By implication, if the couple wished to be married, they should have stayed where it's legal for them to be married (i.e., not Texas). And doesn't it seem odd that the couple married out of state, moved to Texas, and filed for divorce as soon as they had lived in Texas long enough to file suit? The Texas law is not “one of those recently enacted” provisions. I don’t have access to my law books right now, but in Texas marriage has been defined as involving one man and one woman since before I was in law school 20 years ago. I specifically remember studying for my Family Law Final Exam learning the difference between marriages, void marriages, voidable marriages, and no marriage at all (homosexual marriage was no marriage at all because it didn’t involve one man and one woman).

And, no, the AG is not requiring this couple to remain married. He’s attempting to require them to remain “unmarried in Texas”. The logic is that if they became married in Massachusetts, then it’s Massachusetts’ problem how to get them divorced. By implication, if the couple wished to be married, they should have stayed where it’s legal for them to be married (i.e., not Texas).

And doesn’t it seem odd that the couple married out of state, moved to Texas, and filed for divorce as soon as they had lived in Texas long enough to file suit?

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