The Mudcat Café TM
Thread #157552   Message #3721536
Posted By: Stilly River Sage
06-Jul-15 - 08:28 PM
Thread Name: US Supreme Court sez Yes to Gay Marriage
Subject: RE: US Supreme Court sez Yes to Gay Marriage
So far there have mostly been short blurbs about the county clerks clogging the marriage license system. This one has more meat to it:

Marriage Comes to Hood County, Texas

"Which one of you is going to be the husband?" the assistant Hood County clerk asked the two men standing before her last Thursday afternoon.

"Both of us," said one of the men.

"You can't both be the husband," the assistant clerk said, confused or disdainful, depending on varying accounts. The men had shown the clerk their IDs, social security numbers, dates and places of birth, and were waiting to give her their $83.00 for their marriage license, and now the husband conundrum. Never mind that the new forms issued from Austin didn't include the words "husband" or "wife," nor were they gender-specific in any way. The men, a couple of ranchers from down the road, had waited 27 years for this day, and the government of Hood County, Texas, was determined to make them keep waiting.

Today's constitutional crisis takes us to the Hood County clerk, Katie Lang, whose office as of this morning seemed to be holding out for a higher civil authority than the United States Supreme Court, and for her troubles she got herself sued in federal court in the Northern District of Texas in Fort Worth, in papers filed before dawn today. The suit was filed on behalf of two lifelong Texans, Jim Cato and Joe Stapleton, who had been hoping to obtain a marriage license without force or drama, only to have clerk Lang instruct her staff shortly after the Obergefell decision on June 26, "We are not issuing them because I am instilling my religious liberty in this office."

I spoke at length to Cato and Stapleton yesterday afternoon, along with their attorneys, Jan Soifer and Austin Kaplan, about the saga of Jim and Joe, the historic fight that was brewing in Hood County, and the lawsuit that will at last bring the rebel counties of Texas into compliance with the U.S. Constitution.

Cato and Stapleton have been together for 27 years and live on a ranch in Granbury, population 7,978, the Hood County seat. Last Thursday afternoon, at about 3:45, they put on their cowboy hats and made their way to the courthouse. In the past week it has been common for recalcitrant county clerks in Texas to claim that they simply didn't yet have the proper paperwork for a same-sex marriage license, even the though the Texas Bureau of Vital Statistics had in fact updated the marriage license form the very afternoon that the Supreme Court made its landmark ruling. The Hood County clerk's office has been a roiling mess of shifting excuses since then, none based in law or reality—first, Lang's "religious liberty" declaration, followed two days later by an announcement that her office would indeed follow the law and issue licenses, once she received new forms (Lang herself wouldn't issue licenses based on her moral objections, but, in the words of Austin activist Glen Maxey, "she would find a heathen in her office who would"), to telling Cato and Stapleton on Thursday afternoon that there would be an indefinite delay in their ability to get a license in Hood County. After the couple produced the updated form that they had brought with them, they were told again that they would not be getting a license that day in Hood County. They were then ordered to leave the premises by Lang, who, according to Cato, said she felt threatened by all this marriage business, and by the local media that had come along to watch. To make sure she was safe, she called in a phalanx of sheriff's deputies to keep Cato and Stapleton out of the public building.


Read the rest at the link. Jim and Joe have lived in Texas as a couple for 27 years. In North Texas, but in a rural part of North Texas. It can't have been easy, so more power to them for doing this now.