By BTL Staff
LonestarQ reports that sixty-three Texas legislators signed a court brief last week to uphold the state's ban on same-sex marriage. The ban was struck down in February.
The brief, which calls on the 5th U.S. Circuit Court of Appeals, was filed by members of the Texas Conservative Coalition caucus.
The brief claims, "The district court broadened the definition of the 'existing right to marry' as one that includes the right of people to 'select the partners of their choosing' for marriage, without regard to sex. If the right to select 'partners of their choosing' is the criterion used to invoke marriage as a fundamental right, then marriage restrictions on age, polygamy, and consanguinity are also ripe for challenge."
Additionally, the brief states, "Another ground cited by supporters of Texas's marriage laws and subsequently dismissed by the district court is that recognition of same-sex marriage 'could lead to the recognition of bigamy, incest, pedophilia, and group marriage.' As already discussed in this brief, restrictions on marriage relating to these moral considerations remain valid. Thus, the goal of actively trying to prevent those practices from becoming valid is entirely rational public policy."
The TCC is not alone in filing briefs supporting marriage bans. Other groups include the Liberty Counsel, Concerned Women for America, the state of Louisiana, the state of Indiana, Texas Values, the United States Conference of Catholic Bishops and the Texas Eagle Forum.
