[Senator Clay Davis]

Goddamn it Texas...

Texas' ban on same-sex marriage allows the state to promote the birth and upbringing of children in "stable, lasting relationships," the state's attorney general argued Tuesday while asking a federal appeals court to reinstate the ban

Attorney General Greg Abbott, the Republican nominee for governor, said the views of ban opponents could be considered "rational." But he argued that Texas voters have the right under the U.S. Constitution's equal protection clause, the same amendment often cited by ban opponents, to define marriage in a way that best supports children

"There are good, well-meaning people on both sides," he wrote to the 5th U.S. Circuit Court of Appeals, echoing previous sentiments in the case. But he argued that opposite-sex couples are better suited to have and raise children, and thus help reduce "societal costs."

"Because same-sex relationships do not naturally produce children, recognizing same-sex marriage does not further these goals to the same extent that recognizing opposite-sex marriage does," the brief said.

Mark Pharriss, a longtime friend of Abbott's who along with his partner sued the state over the ban, argued that the real harm to children is done when their parents aren't granted "the benefits and protections of a marriage."

"Our constitutional rights are not up for the vote of Texas citizens," he said. "That point has been made unanimously by every district court and now two circuit courts who have looked at this issue."

A federal judge declared Texas' ban unconstitutional in February but allowed it to remain in effect during the appeal process.

http://news.yahoo.com/texas-gay-marr...181413302.html