The Courage of Texas Supreme Court Justice John Devine

“The Courage of Texas Supreme Court Justice John Devine”

By Donna Garner

9.2.16

On 9.2.16, eight of the nine Texas Supreme Court judges handed down a very controversial and wrong-headed decision.  (Members of the Texas Supreme Court — http://www.txcourts.gov/supreme/about-the-court/). 

John P. Devine is the only judge who had the courage to stand for states’ rights and for the fundamental rights of Texas taxpayers to encourage healthy and beneficial procreation within the confines of an opposite-sex marriage.

The Texas Supreme Court case is called Parker v. Pidgeon and arose out of whether cities must provide the same benefits to same-sex spouses of employees as to opposite-sex spouses.  

Justice Devine wrote:  “I disagree [with the other eight Texas Supremes]. Marriage is a fundamental right. Spousal benefits are not. Thus, the two issues are distinct, with sharply contrasting standards for review. Because the court of appeals’ decision blurs these distinctions and threatens constitutional standards long etched in our nation’s jurisprudence, I would grant review…”

Yes, in 2015 the U. S. Supreme Court did decide in Obergefell v. Hodges that “same-sex couples may exercise the fundamental right to marry in all States,” and “there is no lawful basis for a State to refuse to recognize a lawful same-sex

marriage performed in another State on the grounds of its same-sex character.”

However, Justice Devine argued that the Obergefell decision “concerned marriage, not an Equal Protection challenge…and not spousal employment benefits.”

Texas has a special interest in encouraging procreation. 

Justice Devine stated, “…offering certain benefits to opposite-sex couples would encourage procreation within marriage.  After all, benefits such as health insurance provide financial security as couples decide whether to have a child. An opposite-sex marriage is the only marital relationship where children are raised by their biological parents. In any other relationship, the child must be removed from at least one natural parent, perhaps two, before being adopted by her new parent(s).”

When we as Texas voters have the next opportunity to vote for members of the Texas Supreme Court, we need to remember the courage that Justice John P. Devine showed. He rightly refused to allow the U. S. Supreme Court ruling on same-sex marriage to extrapolate into forcing Texas cities to provide same-sex benefits to employees.

It is a terrible shame that the other eight Texas Supremes did not agree with Justice Devine. Now we as taxpayers will be forced to pay for the perverse and unhealthy lifestyles of same-sex partners which directly violates our First Amendment rights of freedom of religion.  

Here is the link to Justice John P. Devine’s decision:  http://www.txcourts.gov/media/1435973/150688d.pdf