Thursday, February 27, 2014

Attorney General Abbott will appeal yesterday's federal rule overturning the state's ban on gay marriage

This was to be expected.

Politico provides detail:

Texas Attorney General Greg Abbott, a Republican running for governor, will appeal a Wednesday ruling striking down the Lone Star State’s ban on gay marriage.

In a statement, Abbott announced that same-sex marriage is “an issue that will ultimately be resolved by a higher court. Texas will begin that process by appealing today’s ruling to the Fifth Circuit.”

“The U.S. Supreme Court has ruled over and over again that states have the authority to define and regulate marriage,” said Abbott, who is set to face off with Democratic state Sen. Wendy Davis in the deep-red state. “The Texas Constitution defines marriage as between one man and one woman. If the Fifth Circuit honors those precedents, then today’s decision should be overturned and the Texas Constitution will be upheld.”

His comments came after a ruling earlier in the day from a federal judge in Austin.

“This is an issue on which there are good, well-meaning people on both sides,” Abbott said.

The last remarks seems telling to me - an increasing group of Republicans seem to believe (1) that acceptance of gay marriage is growing among Republicans so they may have to prepare ground work for a switch on the issue, and (2) the courts will mandate this change anyway so it might be worth getting ahead of it. Having the court overturn Texas laws - including part of the Texas Constitution - relieves Texas of the political dirty work associated with changing it. It takes it off their hands - which simultaneously gets rid of the issue and gives them a target to blame for the change.