63 Texas Lawmakers: Gay Marriage Will Lead to Incest, Pedophilia, Polygamy

By Chris Hoenig


Dozens of Texas lawmakers believe that overturning the state’s ban on same-gender marriage will lead to the legalization of incest, pedophilia and polygamy, and are using that argument to try to convince a federal appeals court to reinstate the ban.

In an amicus brief filed with the 5th U.S. Circuit Court of Appeals, 63 members of the Texas legislature claimed that a federal court overstepped its bounds in ruling the state’s same-gender-marriage ban unconstitutional.

“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,” the briefofficially filed by the Texas Conservative Coalition, a caucus of state legislatorsreads. “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.”

An amicus brief is a legal testimony filed by a party with a strong interest in a case, but not directly involved (amicus curiae literally translates to “friend of the court”). The lawmakers filed in support of Attorney General Greg Abbottalso the GOP gubernatorial nomineewho is leading the state’s appeal to reinstate the ban.

Anti-gay-marriage advocates are returning to many of the same arguments they made in the original lawsuit. But the federal court ruled that the legalization of “morally reprehensible actions” like pedophilia was not a “logical next step” to the legalization of same-gender marriage, and that the ban violated the equal-protection clause of the Constitution.

“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,'” theamicus brief continued. “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.”

In his appeal, Abbott attempts to portray marriage as a biological partnership. “Texas’s marriage laws are rooted in a basic reality of human life: procreation requires a male and a female,” he wrote. “Two people of the same sex cannot, by themselves, procreate.”

He goes on to argue that the federal court misapplied the law when it used Abbott’s own argument against him by noting that the state allows infertile couples and post-menopausal women to marry, and questioned the role of the court. “Rational-basis review does not allow courts to invalidate a law by weighing evidence or resolving disputed questions of fact,” he wrote.

Both Abbott and the 63 lawmakers also attempt to question the socioeconomic and psychological impacts of same-gender marriage.

Abbott argues that banning same-gender marriage will “minimize the societal costs that can result from procreation outside of stable, lasting marriages” and that “the State’s recognition and encouragement of opposite-sex marriages increases the likelihood that naturally procreative couples will produce children, and that they will do so in the context of stable, lasting relationships”despite studies showing that the average divorce rate in states with legal same-gender marriage is 20 percent lower than states that ban it.

The coalition, meanwhile, said that limiting marriage to one man and one woman “gives women and children the surest protection against poverty and abuse,” and “provides for healthy psychological development of children.”

But it also cites widely debunked research by Mark Regnerus about the quality of life for children of same-gender couples. “There is a wide range of literature supporting this view, particularly with regard to child development, making it plausible and, thus, rational for legislators to believe,”the brief said.

Regnerus’ research has been slammed by colleagues who say his research is flawed. An independent audit found that his reports should never have been published, while a Michigan court found his testimony “entirely unbelievable and not worthy of serious consideration” and that his research was “hastily concocted at the behest of a third-party funder” seeking skewed results. Same-gender-marriage opponents in Utah have dropped his research from their legal briefs.

Latest News

NBCUniversal News Group Launches NBCU Academy, Offering Training to Universities and Community Colleges

NBCUniversal News Group launched NBCU Academy, a new, innovative, multiplatform journalism training and development program for four-year university and community college students through education, on-campus training and online programming. Originally published on corporate.comcast.com. The initiative includes a curated onsite curriculum for hands-on learning experience with world-class NBCU News Group journalists,…

Kaiser

Kaiser Permanente: Committing $8.15M for Racial Equity

Originally published on about.kaiserpermanente.org. Grants to grassroots and nonprofit organizations will help address structural racism and practices that prevent communities of color from achieving good health and well-being. Kaiser Permanente (DiversityInc Hall of Fame), the nation’s largest integrated, nonprofit health system, has awarded $8.15 million to support dozens of nonprofit…

Toyota Research Institute and Stanford University’s Dynamic Design Lab Study How to Improve Automotive Safety

Originally published on pressroom.toyota.com. Inspired by the Skills of Professional Drift Drivers, Research Seeks to Combine the Technology of Vehicle Automation with Artificial Intelligence Algorithms What if every driver who ran into trouble had the instinctive reflexes of a professional race car driver and the calculated foresight of a supercomputer…

Tribal elder

Loss of Tribal Elders Due to COVID-19 Decimating Indigenous Populations; Colorado Revamps Common-Law Marriage Requirements, Making Them More Friendly for LGBTQ Couples; and More

Loss of tribal elders due to COVID-19 decimating Indigenous populations. The Muscogee, Navajo, Blackfeet Nation, White Mountain Apache and Choctaw tribes are among the many communities of Indigenous people suffering irreparable losses due to the COVID-19 pandemic, New York Times reporter Jack Healy has reported. Already impacted by infection rates…

Justice for George Floyd

Officer Who Pressed Knee Into George Floyd’s Neck to Stand Trial Alone; Judge Halts Federal Execution of Lisa Montgomery, Only Woman on Death Row

Officer who pressed knee into George Floyd’s neck to stand trial alone in March. Former Minneapolis police officer Derek Chauvin — the man who can be seen on video pressing his knee into George Floyd’s neck for an excruciating 8 minutes and 46 seconds — will now stand trial alone,…

BASF Starts Global Registration for New and Environmentally Friendly Insecticide Active Ingredient

Originally published on BASF.com. BASF ranked No. 14 on The 2020 DiversityInc Top 50 Companies for Diversity list. Regulatory dossiers for Axalion™insecticide submitted in Australia and Korea Active ingredient with novel mode of action and high compatibility with beneficial insects, including pollinators First sales for Axalion-based products expected by 2023…

TIAA’s Roger Ferguson on Solving the Student Debt Crisis

CEO Roger Ferguson shares how TIAA (No. 9 on 2020 DiversityInc Top 50 Companies for Diversity list) teamed up with loan wellness platform Savi to help nonprofit workers reduce monthly student debt payments and work toward forgiveness. Watch his full talk at the link below. https://www.tiaa.org/public/foward-focus-/episode-7-your-financial-future-the-path-forward