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Texas Braces for Prop 8 Decision

Texas Braces for Prop 8 Decision

Texas conservatives are keeping a close eye on the U.S. Supreme Court's Proposition 8 decision.

Their biggest fear would be a sweeping decision which would overrule all bans against same sex unions, even the one passed by Texas voters back in 2005.

"The Supreme Court does have that power to take away the right of Texas to define marriage as one man and woman," says Jonathon Saenz with the group Texas Values.  "That's not what is should be doing, but it doesn't mean they won't try.  That is legislating from the bench."

"It would be the most egregious example of judicial activism if the Supreme Court reached down and stripped that right away from Texas to define marriage,” Saenz tells KTRH News.

However, Noel Freeman at Houston's GLBT Political Caucus thinks justices will take a much narrower view.

"The Supreme Court is unlikely to render a decision, or unlikely to agree the petitioner has standing," he says.

Anything short of upholding the Prop 8 petition would simply kick the case back down to the lower courts.

"That is the Ninth Circuit's decision stands or they could rule where the petitioner doesn't have standing which would vacate the Ninth Circuit's ruling and buck it back to the decision of the district court invalidating Proposition 8," says Freeman.

Still, Freeman believes none of that would affect Texas.

Several state lawmakers this year did introduce legislation to repeal the Texas ban, but most observers believe is unlikely to pass.

 

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