Tag Archives: SCOTUS

Paxton still fighting same sex marriage

Posted on September 11, 2015 by Charles Kuffner

Some things never change. Despite his recent pledge to comply with the U.S. Supreme Court’s same-sex marriage ruling, Attorney General Ken Paxton is already seeking to prevent the decision from being applied in an Austin estate case. Paxton’s office filed … Continue reading →

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The stakes in the voter ID appeal

Posted on September 9, 2015 by Charles Kuffner

Rick Hasen lays it out. Don’t worry, Chief Justice John Roberts assured the American public in that 2013 case, Shelby County v. Holder. Although states with a history of racial discrimination would no longer be subject to federal “preclearance” of … Continue reading →

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State gets the bill for fighting same sex marriage

Posted on September 6, 2015 by Charles Kuffner

Please pay promptly. The attorneys for same-sex couples who successfully challenged Texas’ gay marriage ban in federal court are seeking nearly three-quarters of a million dollars in fees and costs from the state. In a 27-page motion filed Friday, attorneys … Continue reading →

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Paxton’s contempt saga officially ends

Posted on September 5, 2015 by Charles Kuffner

I’m sure he’s so relieved. A federal judge has canceled next week’s contempt-of-court hearing for Attorney General Ken Paxton, saying it is not needed because Texas government agencies have begun acknowledging same-sex marriages. U.S. District Judge Orlando Garcia had ordered … Continue reading →

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Abortion providers go to SCOTUS

Posted on September 4, 2015 by Charles Kuffner

I sure hope this works out. Texas abortion providers on Wednesday asked the U.S. Supreme Court to take up their legal challenge to two provisions of the state’s strict abortion law. After losing at the appellate level, a coalition of … Continue reading →

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Divorce granted to same sex couple in Tarrant County

Posted on August 27, 2015 by Charles Kuffner

At some point, stories like this will cease to be news. It took two Tarrant County women nearly two years to legally end their failed marriage because of the tangle of state and federal law. But on Thursday, Brooke Powell … Continue reading →

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The cost of defying the law on same sex marriage

Posted on August 19, 2015 by Charles Kuffner

Nearly $44K in attorneys’ fees, and it could have been worse. It has been a month since Joe Stapleton and Jim Cato finally got the marriage license Hood County Clerk Katie Lang denied them because of her religious beliefs. It … Continue reading →

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State issues new guidelines for birth and death certificates

Posted on August 15, 2015 by Charles Kuffner

That was quick. The state has issued new guidelines for filing and changing vital records to recognize same-sex marriage status, as ordered by a federal judge in San Antonio In a court advisory filed late Wednesday, the Texas Attorney General’s … Continue reading →

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Paxton files amicus brief in HBU contraception lawsuit

Posted on August 14, 2015 by Charles Kuffner

Of course he does. Female employees of religious nonprofits should not be given insurance coverage for birth control if their employers object to certain contraceptives on religious grounds, according to a brief filed at the U.S. Supreme Court by Texas … Continue reading →

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State Health Services department finally amends that death certificate

Posted on August 8, 2015 by Charles Kuffner

Good. Complying with a federal court order, Texas has issued an amended death certificate acknowledging a Conroe man as the husband of a same-sex spouse who had died in January. The men had been married in New Mexico in 2014, … Continue reading →

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Fifth Circuit affirms that Texas voter ID law violates Voting Rights Act

Posted on August 6, 2015 by Charles Kuffner

Good. Texas’ four-year-old voter ID law violates the Voting Rights Act but is not a “poll tax” barred under the U.S. Constitution, a federal appeals court has ruled. The U.S. 5th Circuit Court of Appeals on Wednesday ruled that the … Continue reading →

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There’s more to complying with SCOTUS than issuing marriage licenses

Posted on August 6, 2015 by Charles Kuffner

Looks like Ken Paxton may get to learn that the hard way. A federal judge ruled Wednesday that Texas must recognize the same-sex marriage of a Conroe resident by naming him as the surviving spouse on his late husband’s death … Continue reading →

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No, we shouldn’t have any kind of elections for SCOTUS justices

Posted on August 2, 2015 by Charles Kuffner

Your junior Senator, ladies and gentlemen. Dismayed by a pair of Supreme Court decisions upholding Obamacare and gay marriage, Republican Ted Cruz presided over a packed Senate hearing Wednesday calling for judicial elections and term limits to rein in what … Continue reading →

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Bridal Extravaganza happily adjusts to a same-sex marriage world

Posted on August 2, 2015 by Charles Kuffner

Love is love, and business is business. Vendors in the industry, from florists to caterers, are seeing a bumper crop of same-sex Texas weddings. “I think there’s going to be some pent-up demand, and that’s exciting,” said Laurette Veres, Bridal … Continue reading →

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I’m not the only one who thought the state’s response to the birth certificate lawsuit was specious

Posted on July 31, 2015 by Charles Kuffner

Actual legal experts didn’t think much of it, either. The state of Texas can’t hide behind sovereign immunity to escape a lawsuit for denying birth certificates to U.S. citizen children of undocumented immigrants, the director of the University of Texas’ … Continue reading →

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Split decision on cross-state air pollution rule

Posted on July 30, 2015 by Charles Kuffner

Not too bad, actually. Texas’ Republican leaders and environmentalists are both claiming victory Tuesday following an appeals court ruling that requires the federal government to ease limits on certain emissions for Texas and a dozen other states. The U.S. Court … Continue reading →

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Woodfill is still pursuing his anti-same-sex benefits lawsuit

Posted on July 28, 2015 by Charles Kuffner

From the inbox and the febrile mind of Jared Woodfill: Last year Houston Judge Lisa Millard granted a temporary injunction and ordered Houston Mayor Annise Parker and the City of Houston to immediately stop recognizing same-sex ‘marriages’ and stop providing … Continue reading →

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Paxton concedes FMLA lawsuit

Posted on July 22, 2015 by Charles Kuffner

Excellent. Almost a month after the U.S. Supreme Court ruled that same-sex marriage bans are unconstitutional, Texas Attorney General Ken Paxton quietly conceded a case against the federal government over medical leave benefits for certain same-sex couples. Paxton and the … Continue reading →

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Revisiting birth certificates

Posted on July 17, 2015 by Charles Kuffner

This is one of those next steps that needs to be taken. After the Supreme Court’s ruling on same-sex marriage, some gay and lesbian couples in Texas have raised questions about another legal document – birth certificates. They want Texas … Continue reading →

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Rusk County Clerk sets an example

Posted on July 15, 2015 by Charles Kuffner

I respect this. The Rusk County Commissioners Court on Monday formally accepted the resignation of County Clerk Joyce Lewis-Kugle, apparently the first Texas elected official to quit office rather than abide by the U.S. Supreme Court decision legalizing gay marriage. … Continue reading →

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HBU appeals contraceptive case to SCOTUS

Posted on July 13, 2015 by Charles Kuffner

Here we go. Houston Baptist University on Wednesday turned to the U.S. Supreme Court in its battle to avoid providing employees with forms of contraception it finds morally objectionable. The appeal of a 5th U.S. Circuit Court of Appeals ruling … Continue reading →

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Texas sues the EPA again (and again, and again, and…)

Posted on July 10, 2015 by Charles Kuffner

Stop me if you’ve heard this one before. Attorney General Ken Paxton on Wednesday filed a lawsuit over the agency’s rejection of parts of a Texas clean air program, launching the state’s second battle against EPA regulations in less than … Continue reading →

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Prepare for your time in the spotlight, Irion County

Posted on July 9, 2015 by Charles Kuffner

It’s coming. No same-sex couples have sought a marriage license in Irion County, but if or when they do the county clerk is willing to fight it in court. County Clerk Molly Criner has vowed to stand for “natural marriage” … Continue reading →

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Here come the lawyers

Posted on July 6, 2015 by Charles Kuffner

I don’t see how the squadron of anti-equality attorneys has a case in the wake of Obergfell, but they’re gonna try their best to muck things up anyway. Now, conservative attorneys are gearing up to defend [government employees who refuse … Continue reading →

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Clinics consider reopening

Posted on July 5, 2015 by Charles Kuffner

There’s a lot of uncertainty in the decisionmaking process, that’s for sure. Abortion providers cheered a move by the U.S. Supreme Court to temporarily block part of a Texas law that would have closed more than half the state’s 19 … Continue reading →

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Texas throws in the towel with the Fifth Circuit

Posted on July 2, 2015 by Charles Kuffner

Hallelujah. The 5th Circuit should affirm a lower court ruling that overturned Texas’ long-standing ban on same-sex marriage, Scott Keller, the state’s solicitor general, wrote in a letter to the appellate court. That letter was in response to the appellate … Continue reading →

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SCOTUS gives polluters a win

Posted on July 1, 2015 by Charles Kuffner

Alas. t emissions of mercury and other hazardous air pollutants, but it may only be a temporary setback for regulators. The justices split 5-4 along ideological lines to rule that the Environmental Protection Agency failed to take cost into account … Continue reading →

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HBU contraceptive coverage decision overturned

Posted on July 1, 2015 by Charles Kuffner

Good. The U.S. Court of Appeals for the Fifth Circuit has turned back a challenge brought by several Texas religious organizations that oppose offering insurance contraceptive coverage to their employees, concluding that the plaintiffs have no right to challenge the … Continue reading →

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More counties issuing same sex marriage licenses

Posted on June 30, 2015 by Charles Kuffner

Montgomery County: Montgomery County Clerk Mark Turnbull said he turned one same-sex couple away on Friday who requested a marriage license, but wound up issuing the license after regular hours on Saturday. He initially refused because he was waiting for … Continue reading →

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SCOTUS puts HB2 back on hold

Posted on June 30, 2015 by Charles Kuffner

Good. For now, anyway. The U.S. Supreme Court on Monday sided with Texas abortion providers and temporarily put on hold a ruling that would have closed about half of the state’s abortion facilities. There were 19 abortion providers performing the … Continue reading →

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Where same sex marriage is still functionally illegal in Texas

Posted on June 29, 2015 by Charles Kuffner

Smith County: After a historic Supreme Court ruling, making same sex marriage legal in all fifty states, couples across the country flocked to courthouses to be legally married. Despite the ruling, an East Texas County Court will not be issuing … Continue reading →

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Cruz keeps on trolling along

Posted on June 28, 2015 by Charles Kuffner

For a guy who’s supposed to be so freaking brilliant, Ted Cruz sure says a lot of stupid things. U.S. Sen. Ted Cruz on Saturday said county clerks in Texas should “absolutely” be able to opt out of issuing same-sex … Continue reading →

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And we begin the next fight

Posted on June 27, 2015 by Charles Kuffner

It’s always going to be something. In a somber and defiant statement, Attorney General Ken Paxton proclaimed his next battlefront would be in defense of religious liberty. “The truth is that the debate over the issue of marriage has increasingly … Continue reading →

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SCOTUS rules for marriage equality

Posted on June 27, 2015 by Charles Kuffner

Boom. Handing gay rights advocates a monumental victory, the U.S. Supreme Court on Friday ruled that marriages between couples of the same sex are constitutional, a decision that overrides Texas’ long-standing ban on gay marriage. In a 5-4 ruling, the … Continue reading →

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