Monday, November 5, 2012

Marriage Equality in Texas

             Views on same-sex marriage have changed significantly in the past decade. This is true not just for America as a whole, but also for the largely republican state of Texas. The University of Texas at Austin released findings of the most recent study conducted concerning Texans' views on same-sex marriage. This survey shows that 36% of Texans now believe that same-sex couples should have equal rights as those traditional domestic couples. Additionally, 33% believe that gays and lesbians should have the right to civil unions, but not to marriage. Together, these numbers contrast the 27% who oppose both marriages and civil unions by a large percent. Despite this change in beliefs, Texas is still long behind in creating equality amongst couples. Currently in Texas, certain sexual acts between persons of the same sex is a criminal offense considered as a Class C misdemeanor, and punishable by an up to $500 fine. This law was deemed unconstitutional in Lawrence V. Texas case, but has yet to be repealed from the Texas Penal Code by legislative action. Additionally, Texas law requires that the educational programs intended for persons younger than 18 years of age concerning HIV/AIDS state that homosexual conduct is not an acceptable lifestyle and is a criminal offense. This law was also struck down by Lawrence V. Texas, but is nonetheless, still an enforceable law.  
                  Although as a state we are doing little to accompany change, on a more local level we are making greater strides in securing equality. Austin became the first city in the deeply conservative state of Texas to endorse same-sex marriages. A resolution issued by the Austin City Council states in no uncertain terms that no longer will we abide to discriminatory practices that deny the powerful and important affirmation of love and commitment that is civil marriage.  "BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN," the resolution concludes. “[We] support marriage equality in the State of Texas.” Though Austin is a liberal stronghold that’s unique among Texas cities, even in the dark red areas of the map there have been signs of changing attitudes in the lone star state. Although voters passed a constitutional amendment in 2005 banning same sex marriage, an openly gay man nearly won a race for Dallas mayor just two years later, and his sexual orientation didn’t even come up as a campaign issue. Voters in Houston also didn't seem to think it was an issue in 2009 when they elected their first openly lesbian mayor. Additionally, five Texas mayors have signed a marriage equality petition created by the group 'Freedom to Marry'. Slowly, but surely, gays and lesbians are gaining the freedoms they've been denied for so long. 


1 comment:

  1. My colleague Ally Frueh recently presented a case for the widening acceptance of same-sex couples and their relationships. In "Marriage Equality in Texas", she identified a study performed by UT-Austin that demonstrates and definite shift in attitudes towards LGBT couples and the possibility of their legal union.

    Ms. Frueh does an excellent job of pointing out the findings behind the study results and even quotes local statutes. Her usage of supporting legal language provides an intelligent and thought-provoking look at changes of society.

    Other than the quoted numbers in the article, however, there is no further linking to prove this acceptance (right along the "90% of facts are made up on the spot. See? I just did it!). There is a fairly recent article that documents what could be a boon for political and governmental changes in the very near future, as it sets a legal precedent.

    The State of Texas officially permitted the divorce of a lesbian couple in 2010. The couple was married in Massachusetts in 2004 soon after gay marriage legalization. They moved to Texas a subsequently adopted a child. In 2010 the filed for divorce. After several appeals and challenges by AG Greg Abbott, the divorce was granted in 2011 by the 3rd District Court of Appeals. http://www.dallasvoice.com/breaking-texas-appeals-court-upholds-gay-divorce-rules-ags-office-austin-case-1059966.html

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