Texas Judges Can Refuse Same-Sex Marriages, Court Says (Again)
The Newsweek headline, 'Texas Supreme Court Rules Judges Can Refuse Same-Sex Marriages,' sounds like headline news. Yet, this isn't a new fight. After the landmark 2015 Obergefell v. Hodges ruling legalized same-sex marriage nationwide, states like Texas immediately sought loopholes. The Texas Supreme Court's 2018 non-ruling (declining to hear a challenge to a similar ruling by a lower court) and
now this latest decision (re-affirming the lower court's stance) showcases a clear pattern: civil rights gains are always met with fervent, often religiously-justified, judicial pushback. It appears that 'religious freedom' for some always means denying freedom for others. One might wonder if the same judges, presumably guided by their faith, also cite religious objections when presiding over
cases involving divorce, remarriage, or the myriad other civil laws that contradict specific religious tenets. Or is it just same-sex couples whose rights are ripe for 'conscientious objection'? This decision, following a 2017 ruling that allowed clerks to deny marriage licenses, suggests a judicial system more interested in upholding specific belief systems than equal protection under the law.
It's not a surprising outcome; it's a predictable rerun.