(There are many lessons to be learned in this important case. It's a poignent reminder why the 3rd Court of Appeals is so important and why there are very real repercussions to some of the choices that Judge Jan Patterson was prepared to make. - promoted by Karl-Thomas Musselman)
Many of us were angered by Justice Jan Patterson's recent attempt to give the rightwingers the majority of the Third Court of Appeals. Today, a case thsy shows why this court is so important to progressives illutstrates the point for our anger at Patterson.
This week a second precedent setting case dealing with GLBT rights in regards to marriage and divorce occurred here in Travis County. Last year, a Dallas judge granted a divorce to a gay couple citing the 14th Amendment to the U.S. Constitution. Monday, Judge Scott Jenkins granted the second.
News 8 reported on Monday:
Travis County judge grants same-sex divorce
Though the State of Texas does not officially recognize same-sex marriages, a Travis County judge has approved a same-sex divorce. Angelique Naylor and Sabina Daly married in Massachusetts five years ago. Naylor sought a divorce, but Daly initially wanted to "void" the marriage. The Travis County Court clerk for Judge Scott Jenkins said the divorce was approved, and not voided.
In both cases, Texas Attorney General Greg Abbott has jumped into the fray The Dallas case has been appealed to the the Texas Fifth Court of Appeals. Now, the Travis County case will be appealed to the Third Court of Appeals.
The attorney general's office had previously said when two people of the same sex wish to terminate their union and are in a different state, the proper legal procedure is voidance, not divorce. After the judge's decision was announced, Attorney General Greg Abbott's office has issued a petition to intervene, saying, "Texas does not recognize marriages between persons of the same sex, and the parties do not qualify for a divorce."
This is a classic case of why progressives were so outraged by 3rd Court of Appeals Judge Jan Patterson's attempt to give her seat to Rick Perry for appointment of a conservative and the Court a Republican majority. In AG Abbott's appeal of this lesbian couple's divorce, the 3rd Court will now determine this matter of law. The Court has a 3 Democrat and 3 Republican divide currently. Patterson's deal would have made the Court 4-2 Republican.
So easily, for her own personal gain, Patterson would have sold out the GLBT community of Texas. What other progressive cases would also have faced the same fate? She sold out her Democratic constituents.
So when you vote in the Democratic Primary, you can thank her by casting your vote for her opponent (Amy Clark Meachum) in her race for a District Court seat. Patterson should not be rewarded for almost stabbing us in the back. |
