Texas Eagle Forum Legislative Alerts: Marriage, ALAC, Red Light Cameras, and More!

HB 1745 by Rep. Cecil Bell was left pending in the House State Affairs Committee after a public hearing last week. Please ask Members of the House State Affairs Committeehttp://www.capitol.state.tx.us/Committees/MembershipCmte.aspx?LegSess=84R&CmteCode=C450 to vote HB 1745 OUT of committee. And please ask your Representative and Senator to SUPPORT HB 1745that establishes the following:

1) The Secretary of State may withhold or withdraw authorization for a county clerk to issue marriage licenses or certify declarations of informal marriage if the clerk issues a marriage in violation of Texas law.
 
2) State or local funds may not be used for an activity that includes the licensing, registering, certifying, or support of a marriage as between anyone other than one man, one woman.
 
3) A state or local governmental employee may not recognize, grant, or enforce a marriage license or certification or declaration of informal marriage as between anyone other than one man, one woman.
 
4) State or local funds may not be used to enforce an order requiring the issuance or recognition of a marriage license or certification or declaration of informal marriage as between anyone other than one man, one woman.

 TEF signed onto this statement:

Texas Supreme Court Must Rule on Texas Constitution Marriage Amendment
Position Statement
March 27, 2015

It is critical that we defend the Texas Constitution Marriage Amendment!

The Alabama Supreme Court under the leadership of Chief Justice Roy Moore has successfully defended the Alabama Constitution Marriage Amendment from the illegal and rouge activity of an Alabama federal judge.  The Alabama Supreme Court ruled, 7-1 that the Alabama Marriage Amendment, which provides that “Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state” is constitutional under the United States Constitution.

The Texas Supreme Court consists of nine excellent conservative jurists. Because of its makeup, we expect that this Court would rule and affirm the constitutionality of the Texas Constitution Marriage Amendment, Article 1, Section 32, which provides, “Marriage in this state shall consist only of the union of one man and one woman.”

The Texas Supreme Court has not yet ruled on the appeal of the 2010 decision of the Texas Fifth Court of Appeals in In re Marriage of J.B. and H.B., [“J.B.”] No. 11-0024.

In this case, the Texas Fifth Court of Appeals found that the Texas Constitution Marriage Amendment is constitutional under the United States Constitution. The Texas Supreme Court should affirm this decision immediately.

The Supreme Court of the United States will hear oral arguments on April 28 to determine whether homosexuals have a Constitutional right to marry.

Texas’ forceful voice in favor of historic and Biblical marriage must be heard before April 28th.

The Texas Supreme Court has a duty, that we are confident that it will discharge, to make a decision in In re Marriage of J.B. and H.B. that has been pending before the Court for the past four years.  By affirming the decision of the Texas Fifth Court of Appeals, the Texas Supreme Court will send a strong message to the Supreme Court of the United States that Texas supports the historic concept and definition of marriage.

As noted above, the leading marriage case pending before the Texas Supreme Court is In re Marriage of J.B. and H.B., [“J.B.”] No. 11-0024.

Decision of the Texas Fifth Court of Appeals

The Texas Fifth Court of Appeals in Dallas held that Texas law does not permit a same-sex divorce because it does not recognize as valid the antecedent marriage. In re Marriage of J.B. and H.B., 326 S.W.3d 654 (Tex.App.-Dallas 2010). On the federal question, the court held that the Texas statutes recognizing as valid a marriage between a man and a woman do not violate the Equal Protection Clause of the U.S. Constitution. The court reasoned that homosexuals are not a suspect class, same-sex marriage is not a fundamental right, and the State has a rational basis for its marriage laws.

“The Legislature could rationally believe that it is better, other things being equal, for children to grow up with both a mother and a father. Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like.”

J.B., 326 S.W.3d at 678 (quoting Hernandez v. Robles, 855 N.E.2d 1, 7 (N.Y. 2006). Thus, “Texas’s laws governing marriage and divorce … are rationally related to the legitimate state interest in fostering the best possible environment for procreation and child-raising.” J.B., 326 S.W.3d at 680. The Fifth Court of Appeals concluded that “the Equal Protection Clause of the Fourteenth Amendment … [has] never before [been] construed as a charter for restructuring the traditional institution of marriage by judicial legislation.” Id. at 681.

This strong and accurate decision deserves a prompt and vigorous affirmation by the Texas Supreme Court.

Proceedings in the Texas Supreme Court

On February 17, 2011, J.B. filed with the Texas Supreme Court a petition for review of the 5th Court of Appeals decision. On August 5, 2011, the Court requested briefs on the merits, which were filed in September and October, 2011. On July 3, 2013, over a year and a half after filing of the merits briefs, the Court requested supplemental briefing in the wake of the United States Supreme Court decisions in United States v. Windsor, 133 S. Ct. 2675 (2013) and Hollingsworth v. Perry, 133 S. Ct. 2652 (2013). That briefing was complete on August 6, 2013. The Court held oral argument on this case and two related cases on November 5, 2013. A year and almost five months have passed since oral argument with no decision forthcoming from the Court.

J.B. has been on the Texas Supreme Court’s docket for over four years. Yet, the case was fully briefed and ripe for decision in October, 2011. The Texas Supreme Court should now act decisively and quickly to protect Texas’ historic Constitutional right to maintain sole jurisdiction over family law rather than wait passively for a United States Supreme Court decision that could potentially devastate the institution of marriage in Texas and in the United States.

The fact that U.S. Supreme Court justices Elena Kagan and Ruth Ginsburg have performed same-sex “marriage” ceremonies, while a case involving the legality of homosexual marriages is pending before the Court, violates judicial ethical standards and signals their presumption that the Court will mandate homosexual marriage nationwide in its anticipated June, 2015 decision.  Kagan and Ginsburg are obligated by judicial ethics to recuse themselves in this case.

We encourage the Texas Supreme Court to demonstrate the same
courage displayed by the Texas Fifth Court of Appeals and declare, without equivocation, that the Texas Constitution Marriage Amendment is constitutional under the United States Constitution.

Please contact the members of the Texas Supreme Court by email and encourage them to take a stand and rule in favor of the Texas Constitution Marriage Amendment, nathan.hecht@txcourts.gov,paul.green@txcourts.gov, don.willett@txcourts.gov, eva.guzman@txcourts.gov,debra.lehrmann@txcourts.gov, jeff.boyd@txcourts.gov, jeffrey.boyd@txcourts.gov,  john.devine@txcourts.gov, jeff.brown@txcourts.gov. You may write these Court members at P.O. Box 12248, Austin, Texas 78711.

Steven F. Hotze, M.D.                                                            
President                                                                                 
Campaign for Texas Families PAC                                         
President                                                                                 
Conservative Republicans of Texas PAC

Cathie Adams                                                                         
President                                                                                 
Texas Eagle Forum                                                                 
Former Chairwoman                                                               
Republican Party of Texas

Tim Lambert                                                                           
President
Texas Home School Coalition  

Dr. Sterling Lands II                                                              
Presiding Bishop                                                                     
Family Life International Fellowship    

Terry Lowry
Editor/Publisher of the LINK Letter
Host – The What’s UP Radio Program

Dr. Rick Scarborough
President
Vision America Action

Rev. Laurence White
Pastor
Our Savior Lutheran Church
Houston

Dr. Steve Riggle
Senior Pastor
Grace Church
Houston

Jim Graham
President
Texas Right to Life

Rev. Dave Welch
Executive Director
Texas Pastor Council

Dr. Ed Young
Senior Pastor
Second Baptist Church
Houston

Legislative Ad, Steven Hotze M.D., Campaign For Texas Families PAC

American Laws for American Courts

Please help move HB 562 by Rep. Jeff Leach through the political process following last week’s public hearing:

1. Please email Chairman Smithee and thank him for holding the hearing.  Please keep it short and polite.John.Smithee@house.state.tx.us

2.Please ask anyone you know that lives in his district, the Amarillo area, to call or email and asked that he vote in favor of HB562.
Chairman: Rep. John Smithee (r)
John.Smithee@house.state.tx.us
District 86 – Amarillo area
512-463-0702

3. Please email and call Rep. Clardy to ask him to please vote for HB562.
4.****** We NEED people in the Nacogdoches area to call Rep. Clardy.  Please have them call and email to ask him to vote for HB562.  ******
Rep. Travis Clardy(r)
Travis.Clardy@house.state.tx.us
District 11 – Nacogdoches area
512-463-059
2

5. Please Call or email these committee members and ask them to please vote for HB562.  Again, if you know people in their district ask them to contact their representative to support HB562.  Please keep it short and simple.
Rep. Mike Schofield(r)
Mike.Schofield@house.state.tx.us
District 132 Cypress, Katy, NW of Houston
512-463-0528

Rep. Jodie Laubenberg(r)
Jodie.Laubenberg@house.state.tx.us
District 89 -East of Plano, Wylie, Parker
512-463-0186

Rep. Ken Sheets(r)
Kenneth.Sheets@house.state.tx.us
District 107 – Mesquite, White Rock Lake, East of Dallas along 635
512-463-0244

Rep. Richard Raymond (d)
Richard.Raymond@house.state.tx.us
District 42 Laredo Area
512-463-0558

Rep. Senfronia Thompson (d)
Senfronia.Thompson@house.state.tx.us
Dist 141 North Houston along 610 and 45
512-463-0720

Rep. Ana Hernandez(d)
Ana.Hernandez@house.state.tx.us
Dist. 143 Central and East Houston along I10
512-463-0614

Vice Chair: Rep. Jessica Farrar (d)
Jessica.Farrar@house.state.tx.us
Dist. 148 Heart of Houston NW
512-463-0620

Thank you so much for being an added voice on HB562!

ELIMINATE Red Light Cameras

MONDAY Public Hearing CANCELLED for SB 1340 by Sen. Don Huffines to ELIMINATE Red Light Cameras by amending the Transportation Code