Same-sex marriage – question of law

Submitted by Canton1 on
Dan Flynn – Texas State Representative, District 2

By Dan Flynn

In looking back over my service as state representative in House District 2, I have never had more contacts, questions, expressed concerns or outright rage concerning questions regarding the recent Supreme Court decision legalizing same sex marriage. 

My staff and I have had many of the same questions and, like you, we want answers.

You may recall in the regular session of the 79th Texas Legislature we approved a Resolution defining Marriage in Texas as being one of one woman and one man.  

I was a co-author of that Legislation. 

By a vote of the people of Texas, 253 of the 254 counties overwhelming approved this resolution to be added to the Texas Constitution. With the 10th Amendment of the U.S. Constitution granting states the right to decide these issues, many are at loss to the position of activities judges legislating from the bench.  I  am outraged. 

Believing something must be done and questions must be answered, I submitted a letter to Texas Attorney General Ken Paxton asking for his legal opinion on different questions concerning the legality of same sex  marriage and Texas State Agencies creating and implementing policies that may well go beyond their authority and in even authorizing apportions without Legislative approval. 

This goes beyond whether same-sex couples should have the right to marry – this really has to do with law. State agencies act on the decisions made in the Texas House and Senate. 

The Texas Legislature has not voted on the rights of same sex marriage and therefore I question whether or not state agencies have the authority to make these decisions without direction from the Legislature.

Since the Texas Legislature and the people have not chosen to legalize same sex marriage, then the federal government needs to pursue their course of action against the state of Texas. This is far too important an issue to let nine activist federal judges create law based on a five-four decision to destroy Texas Law.

Here is what the letter asks (if you would like complete copy of the letter, contact my office):

RE: Brief in support of request for attorney general opinion regarding status of law pertaining to marriage in Texas

ISSUE NO. 1: What is the current law pertaining to marriage in Texas?

ISSUE NO. 2:  Is action by the Texas legislature required to implement same-sex marriage in Texas?

ISSUE NO. 3:  Without revision to Texas statute, are marriage licenses issued to same-sex individuals since June 26, 2015, valid?

ISSUE NO. 4:   Absent further action by the Texas Legislature, do state agencies have authority to adopt policies and procedures to grant other benefits, specifically including employment benefit programs and adoption, arising under Texas law to same-sex couples?

ISSUE NO. 5:  In the event that the Texas legislature does not amend current law, what action could the federal government take to implement same-sex marriage?

It remains my pleasure and honor to represent all the people of House District 2. My staff and I continue to welcome your input and your questions. 

You can contact our office; mailing address: P.O. Box 2910, Austin, TX 78768. 

Email: District2.Flynn@house.state.tx.us. Phone Number: 512-463-0880.

Dan Flynn represents Texas House District 2 which includes Van Zandt County.