Skip to main content

Ha! This is the beauty of having closed-minded knuckleheads pen your state laws. Sooner or later their desire to be the Baptist Taliban will paint them into a corner.

Four LBGT Texans in Dallas figured out a pretty sad loophole that lead to delight for them.

Now I can't wait to see the GOP Baptist Taliban go nuclear when they find out about this.

The First, Legal Gay Marriage In Texas?
By Joel Thomas CBS 11 News | CBSDFW.COM
February 14, 2014 2:57 PM

NORTH TEXAS (CBS 11 NEWS) – Judge Carl Ginsberg presided over two ceremonies its participants believe are the first, legal gay marriage in Texas.

Two couples said their “I-do’s” and all four people consider themselves female.  But one member of each couple has had their gender changed surgically from male to female.

“On all of my information, it still says male,” said Ashely Boucher. “So, legally I’m still male in the state of Texas. My presentation would suggest otherwise.  But my documentation says that I can marry Genevieve no questions asked.

“If you were born male and became female through being transgendered or having a gender reassignment surgery, they consider you to be biologically male,” said UTA political science professor Thomas Marshall.

Video at link of the two couples.

Game, set, match.

Either the GOP Baptist Taliban of Texas is going to have to allow Texans to determine and get documents of their own gender choosing, a right currently denied transsexuals in Texas, or they are going to have to recognize the first marriage between a lesbian and a transgender woman.

It's quite a pickle and I salute these four brave women for challenging, and finding the loophole, in our backwards anti-personal freedom Texas law.

But hey, let's get popcorn. See if the GOP of Texas goes with Transgender rights or goes full Rick Perry and allows same-sex marriages.

I just can't believe this went down in Dallas and not my beloved Austin.

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

  •  Dollars to donuts... (7+ / 0-)

    Judge Ginsberg is not a Talibaptist!

  •  Not the first time this has happened. (11+ / 0-)

    I have friends who did the same over a decade ago.

  •  For once, two wrongs DO make a right! (0+ / 0-)
  •  to the gender-absolutists (3+ / 0-)
    Recommended by:
    Patience John, craigkg, BlackSheep1

    there is no changing of sex so to them the woman who transitioned from male to female is still and will forever be male. The absolutists are perfectly fine with a male marrying a female. Less fine with a male claiming to be female - but that's another story.

    A woman who transitioned from male marrying a biological male - that would be forever illegal to the gender absolutists.

    On the other hand, this might provide just the breaking of the biological grip that the gender absolutists can never allow:

    Transgender widow of Wharton County firefighter to have another day in court

    The landmark opinion, written by Chief Justice Rogelio Valdez, ruled that Texas must recognize the marriages of transgender people.
    I hadn't heard this yet, but it's excellent news.
  •  Mike Huckabee And Janet Huckabee Are The First (0+ / 0-)

    same sex married couple in Arkansas

    Mike on the left.  Janet on the right.

    or is that Barry Gibb?

    I mean who really knows?

    Only their hairdresser and local politician know for sure.

    "I think that gay marriage is something that should be between a man and a woman.” - Arnold Schwarzenegger 2003

    by kerplunk on Sun Feb 16, 2014 at 10:23:32 PM PST

  •  The first legal same sex marriage in Texas... (5+ / 0-)

    ...was on October 5, 1972 between William "Billie" Ert and Antonio "Tony" Molina. They got a marriage license the day before in Wharton County and were married in Houston by a UFMCC minister.

    The county clerk that issued the license, in defiance of Texas law law (Family Code §1.08 & §1.09), refused to record the marriage, but his failure to do so does not affect the validity of the marriage (Family Code §2.01 & §2.02). The Texas Attorney General issued an opinion that the two men had committed the crime of false swearing when they obtained the license and that the marriage was invalid, but Texas Family Code at the time explicitly contradicted the Attorney General saying that

    ...every marriage entered into in this state is considered valid unless it is expressly made void by this chapter or unless it is expressly made voidable by this chapter and is annulled as provided by this chapter.

    That chapter (Chapter 2 of the code in 1972) only voided consanguineous and bigamous marriage on their face. Neither Ert or Molina sought to void the marriage and the Wharton County District Attorney never filed charges or sought to void the marriage in court (probably because Billie Ert had two legal forms of ID indicating him to be a woman that were used to obtain the license and either because Texas law afforded him no means of initiating a suit to void the marriage or because he believed the AG's legal opinion to be valid when Texas Code explicitly contradicts it).

    From my research, Ert and Molina were the first same sex couple in the United States that I can find that obtained a license and had their marriage solemnized without the state ever getting the marriage legally voided later.

    Here is the happy couple with their marriage license:

    I actually wrote a research paper about this case for a college class I took last year. They were married more than 20 years before Baehr vs Lewin put same sex marriage on people's radar in 1993 and more than 30 years before Massachusetts' Supreme Judicial Court rules for marriage equality in the Goodridge case.

    "Lesbian and gay people are a permanent part of the American workforce, who currently have no protection from the arbitrary abuse of their rights on the job." --Coretta Scott King

    by craigkg on Sun Feb 16, 2014 at 11:39:43 PM PST

  •  Tenn. GOPers prepare for the inevitable (0+ / 0-)
    TN bill would let wedding vendors refuse service if same-sex marriage ban struck down
    2/17/14....Tennessee lawmakers are taking up a bill that would let cake makers, florists and other vendors refuse service to same-sex couples who wish to marry, even if the state’s constitutional ban on gay marriage is struck down.

    A Senate panel is scheduled to debate a measure this week meant to give businesses the explicit power to turn down same-sex ceremonies if they contradict “sincerely held religious beliefs.”

    "Tax cuts for the 1% create jobs." -- Republicans, HAHAHA - in China

    by MartyM on Mon Feb 17, 2014 at 05:36:42 AM PST

    •  I don't understand these cakemakers. (1+ / 0-)
      Recommended by:

      Most of these cake makers sell other baked goods and they are willing to take gay people's money for loaves of bread or doughnuts or what not. It seems hypocritical to refuse to sell them a cake because of the ornaments that go on top. It's still just a cake.

      It is only because of the nature of the event, that the baker gets personal details about the client they otherwise wouldn't get, and they really don't have any right to these details, nor do they have any right to exploit those details for personal reasons or otherwise.

      If their objections are based on the fear that they will lose their religious customers, then the courts ruling that they can't discriminate gives them an out.

      If they are so worried about selling to sinners, then they should only sell to their fellow congregation members and not to the general public. Otherwise, they are discriminating between different types of sinners differently. And who are they to be the judge, really.
      Shouldn't they also not sell to the mother who has a sassy child or atheists or whatever else can be concocted as a sin.

      •  it ain't sincerely held cakebakers' religious (1+ / 0-)
        Recommended by:

        beliefs that are in question -- it's the boycott they'd suffer from bigots if word got out they served as bakers for same-sex couples.

        Get with the program, folks: it's the MONEY they might LOSE.

        LBJ, Van Cliburn, Ike, Wendy Davis, Lady Bird, Ann Richards, Barbara Jordan, Molly Ivins, Sully Sullenburger, Drew Brees: Texas is NO Bush League!

        by BlackSheep1 on Mon Feb 17, 2014 at 04:28:50 PM PST

        [ Parent ]

    •  Given that TN doesn't even (1+ / 0-)
      Recommended by:

      have an anti-discrimination law for sexual orientation, this bill does nothing except to legally establish animus in any future court case (all the suits against bakers have taken place in states that have anti-discrimination laws but don't (or at least didn't at the time the incidents occurred) have marriage equality).

      Unfortunately when smart and educated people get crazy ideas they can come up with plausibly truthy arguments. -- Andrew F Cockburn

      by ebohlman on Tue Feb 18, 2014 at 12:19:19 AM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site