Court affirms same-sex marriage nationwide; Texas stay lifted

Ann Pinchak reacts after hearing the U.S. Supreme Court decision to legalize same-sex marriage on Friday, June 26, 2015, in Center. in a 5-4 decision, the Supreme Court legalized same-sex marriage nationwide, striking down the remaining bans in Texas and a dozen other states. less Ann Pinchak reacts after hearing the U.S. Supreme Court decision to legalize same-sex marriage on Friday, June 26, 2015, in Center. in a 5-4 decision, the Supreme Court legalized same-sex marriage nationwide, ... more Photo: Brett Coomer, Houston Chronicle Photo: Brett Coomer, Houston Chronicle Image 1 of / 36 Caption Close Court affirms same-sex marriage nationwide; Texas stay lifted 1 / 36 Back to Gallery

The U.S. Supreme Court on Friday legalized same-sex marriage nationwide, striking down the remaining bans in Texas and a dozen other states by a 5-4 vote.

Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer and Elena Kagan were in the majority. Justices Antonin Scalia, Clarence Thomas, Samuel Alito and Chief Justice Roberts dissented.

The ruling means that same-sex marriage is legal nationwide, and also that states must recognize those marriages performed in other states.

"Today is a big step in our march toward equality," President Barack Obama said in a tweet Friday morning with the hashtag "Love Wins." "Gay and lesbian couples now have the right to marry, just like anyone else."

The reaction from Houston Mayor Annise Parker, who married her partner, Kathy Hubbard, last year in California, was jubilant.

"At last!" Parker said in a news release. "What a joyous, historic day for America, the LGBT community, individual families, the institution of marriage and the fight for equality. I used to think that I would not see this day in my lifetime."

U.S. District Judge Orlando Garcia ruled last year that Texas' ban on same-sex marriage is unconstitutional, but imposed a stay as other gay marriage cases wound their way to the Supreme Court. Hours after Friday's ruling, Garcia lifted the stay, which he said would bar anyone from denying gay couples the right to marry or enforcing "any other laws or regulations prohibiting a person from marrying another person of the same sex or recognizing same-sex marriage."

The move should clear hurdles for same sex couples to get married at courthouses around the state.

Defiance from Texas officials

Texas leaders responded to the ruling with defiance.

"Marriage was defined by God," Gov. Greg Abbott said in a tweet. "No man can redefine it. We will defend our religious liberties."

In a statement later, Abbott said the Supreme Court decision does not obligate any Texan to act contrary to his or her religious beliefs regarding marriage. He instructed state agencies to "prioritize the protection of Texans' religious liberties."

"As leaders of this State, we have an obligation to secure the right of all Texans to live their lives according to the principles of their religious faith," his instructions to state agencies said.

Attorney General Ken Paxton on Thursday urged county clerks across Texas to await his direction before issuing marriage licenses. On Friday, he said the ruling marks a "radical departure from countless generations of societal law and tradition."

"The impact of this opinion on our society and the familial fabric of our nation will be profound," Paxton said in a statement. "Far from a victory for anyone, this is instead a dilution of marriage as a societal institution."

Friday morning, Lt. Gov. Dan Patrick said he had sent a letter to Paxton asking if county clerks and justices of the peace could be forced to "subjugate their sincerely held religious beliefs" in connection with same-sex marriage. He noted that the Legislature had passed a "Pastor Protection Act" affirming the First Amendment rights of Texas clergy to refuse to perform or recognize same-sex marriages if it conflicted with their religious views.

"Similar First Amendment protections must be extended to others who might encounter similar pressure for same sex marriages," Patrick wrote.

That law, signed by Abbott, only applies to clergy, legal experts have said.

Earlier ruling stayed

Other than procedural maneuvers that simply would delay the decision's full effect, however, Texas Republicans opposed to same-sex marriage may have little recourse to block the high court ruling.

Around 15 months ago, San Antonio-based U.S. District Judge Orlando Garcia struck down Texas' decade-old constitutional ban on gay marriage. He stayed the decision until the case wound its way through the appeals process, or until the high court ruled.

Daniel McNeel "Neel" Lane Jr., an attorney for one of the two same-sex couples who challenged Texas' ban, said that he and his clients would ask Garcia to immediately lift the stay to allow gay couples to begin marrying.

Lane said the "bitter enders" who don't begin issuing licenses after the stay is lifted, like Stanart, may wait for the stay to be lifted and to get a nod from the appeals court before they begin to issue licenses.

"You're going to have Houston couples going to San Antonio and Austin to get their licenses. What point does that make?" Lane asked.

For his clients Nicole Dimetman and Cleopatra DeLeon, who married in Massachusetts and reside in San Antonio, the ruling reaffirms the union they solemnized years ago.

'We cannot wait'

Couples across the state, including two men who were plaintiffs in the case, expressed excitement.

"After almost 18 years together, we can soon exchange vows, place rings on each others' finger, look each other in the eye and say 'I do' -- all at a wedding surrounded by family and friends," said Vic Holmes, a Texas resident who was one of the plaintiffs in the case, who said he and his partner Mark Phariss have scheduled a wedding for November and have booked a facility, a photographer, a videographer, a band and a florist.

Houston couples and their families expressed joy Friday morning.

"I'm just so happy," Brittney Bentley said. Bentley and her girlfriend, Cassey Burger, have been together more than three years. "It's hard to put into words. I'm in absolute shock. We cannot wait to actually go do the damn thing now. Next weekend, maybe? I'd go now if we didn't have to wait."

Jeri Goldsmith, a Houston resident whose son is married to a man, said his family was confident this day would come.

"This is wonderful," Goldsmith said. "We were pretty confident as a family – even if it didn't happen now, it would happen soon. Even Texas!"

MaryJo Dupre has three sons, one married to a man.

"I am ecstatic, not only for my own children but for the LGBT community, those who have worked longer and harder than I have – and I have worked long and hard," she said. "It's a giant step, one I had hoped to see in my lifetime. I have tears in my eyes. I sent all three of my sons an email telling them how much I love them. The pride parade will be monumental!"

Others, already married, expressed joy that their union would be recognized in Texas.

"This is amazing that we now are going to be legally married in our own state," said Whitney Lane Goines, who married Angel Goines in August in New Mexico. The couple has two adopted children. "We are going to talk about it, maybe have an actual ceremony here."

Public views changing

Public opinion on the issue of gay marriage has shifted dramatically in recent years, as courts and legislatures in 37 states have recognized the right. In just the last five years, the percentage of Americans who believe same-sex marriage should be legal jumped 16 points to an all-time high of 60 percent, according to a May Gallup poll.

Gay marriage isn't as popular in the Lone Star State, with voters nearly equally split on the issue, according to a recent University of Texas/Texas Tribune poll that showed 44 percent are in favor of allowing same-sex couples to marry.

At a watch party hosted by prominent pro-gay marriage attorneys in Houston, there were cheers, applause and tears after the ruling was announced.

"There were a lot of people who couldn't make it to this day who fought very hard," Mitchell Katine, one of the attorneys, told the crowd moments before the court released its decision. "I hope that they're watching. I hope that they're listening because we didn't do it alone. And there are so many people who were in this fight who probably would not believe this day came."

Katine, who has been with his partner for 13 years, worked on the 2003 Lawrence v. Texas case in which the Supreme Court eliminated sodomy laws making it illegal for gays to have sex.

In attendance was Ray Hill, a longtime Houston gay rights advocate, Nikki Araguz, a prominent gay rights advocate who has a case pending before the Texas Supreme Court, and a number of other prominent advocates.

"People say marriage shouldn't change, but marriage has already changed," said Ann Pinchak, who came out as gay when she was 51. "Institutions evolve, things change, society changes."

Officials react

Texas Democrats echoed Obama's sentiments Friday morning.

"Love won today," a statement from the Democratic party said. "Texas Democrats joyfully celebrate and welcome the United States Supreme Court's historic decision to let all Americans marry who they love, regardless of sexual orientation or identity."

"Finally. We have fought many decades for equality rights for all Americans, and today is a monumental step in that journey,"state Sen. Sylvia R. Garcia, D-Houston, said in a statement. "For all of those who died fighting at Stonewall, were denied healthcare during the AIDS crisis, are homeless and estranged from their families and friends, and who now take the step to be legally and publicly recognized as a proud and loving same-sex couple, this win is for you."

But Republicans chided the ruling.

"I am disappointed the Supreme Court today chose to change the centuries old definition of marriage as between one man and one woman," said former Gov. Rick Perry, who is seeking the party's nomination for president. "Our founding fathers did not intend for the judicial branch to legislate from the bench."

The rule of law and "respect for the moral fabric of America" has been cast aside by the Supreme Court, the Texas Republican party said in a statement.

"It's a harrowing day in America when unelected judges have the power to upend an institution that has been widely recognized as a virtuous force in society," Chairman Tom Mechler said. "This decision is just another example of Washington DC elites ruling against the will of the American people and usurping power from the states. In light of today's ruling, the fight for religious liberty continues, and the Republican Party of Texas will continue to work with our elected Republican leaders to protect the freedom of Texans to exercise their religious beliefs."

But not all Texas Republicans were so outraged. State Rep. Sarah Davis, a West University Place Republican, was the first in Texas to issue a statement celebrating the ruling.

"Marriage is a union in which two loving people commit to affirm, love and uphold one another, in any and all conditions," the statement said. "As such, marriage is not defined by a person's sexual orientation, but their willingness to make that vow. Any American, of any orientation, should not be denied that right."