Daily Archives: January 9, 2015

1 post

Texas State capitol

Gay Marriage and State Sovereignty

There has been a lot of discussion recently in regards the recently proposed House Bill 623. This bill essentially proposes to allow Texas to circumvent federal court decisions in regards to declaring gay marriage bans unconstitutional. However, rather than continue the discussion of whether gay marriage should or should not be legal, this bill poses some interesting questions in regards to a state’s ability to circumvent the federal courts. The Texas attorney general has already appealed the previous federal court decision from February of last year to the 5th circuit courts, and oral arguments on that issue will be taking place imminently. However, this bill appears to be proposed as a┬álegislative mechanism to avoid the courts entirely. The strangest thing about this to me is that it is being proposed BEFORE the judicial avenues have been exhausted, which makes little sense, as it could be rendered effectively moot by a favorable outcome in the 5th circuit courts by the attorney general. As an attorney, from a procedural standpoint, this is a fairly troubling issue as the intent is clearly to strip power from the judiciary. Though the chances of success may be low, the intent is still there and still […]