Federal Judge Orlando Garcia, who earlier this year in an activist decision struck down Texas’ marriage laws, has been asked by homosexual plaintiffs to lift the stay he put in place on his ruling despite the fact that the case in now under the jurisdiction of the Federal Fifth Circuit Court of Appeals.
Homosexual activists hope lifting this stay would open up a window for some rogue county clerks to issue gay ‘marriage’ licenses in Texas before Attorney General Greg Abbott could ask the 5th Circuit Court of Appeals to stop this lawless act. According to media reports, county clerks in Dallas, Bexar, and Travis counties have indicated they are prepared to immediately begin issuing the licenses, including one that is ready to stay open “24/7.”
Texas Values President Jonathan Saenz spoke with Fox 7 on the issue:
Texas Values President Jonathan Saenz also issued the following statement in response:
“A county clerk that decides to follow a rogue decision by Judge Orlando Garcia to lift the stay without court authority could find themselves on the wrong side of the law and certainly on the wrong side of the people of Texas. I think it is very clear that any decisions related to Texas marriage laws are now under the sole jurisdiction of the Federal Fifth Circuit Court of Appeals. San Antonio Judge Orlando Garcia no longer has authority to rule on these matters. If Judge Garcia decides to go rogue and tries to force county clerks to issue homosexual marriage licenses, such a reckless move will likely be stopped by the appeals court and should be ignored by county clerks that seek to follow the law, unless specific clerks have their own personal agenda that they are trying to fulfill.”
The U.S. 5th Circuit Court of Appeals is scheduled to have oral arguments on the Texas marriage case on January 9.