Mark Phariss, left, clutches the hand of partner Victor Holmes, right, as they talk to the media outside the U.S. Federal Courthouse on Feb. 12, 2014, in San Antonio. District Judge Orlando Garcia said he would issue a decision later after two Texas men filed a civil rights lawsuit seeking permission to marry, and a lesbian couple sued to have their marriage recognized. (AP Photo/Eric Gay)
By Mark Phariss
It is time for the State of Texas to drop its appeal before the 5th circuit court of appeals and allow my partner, Vic, and me and the thousands of other same-sex couples in the state to marry the person we love in the state we love.
This past week, an elected state judge ruled Louisiana’s ban on same-sex marriages unconstitutional. Although the case is being appealed, this loss continues the long string of almost unanimous rulings in favor of same-sex couples that states across the country have suffered in defending their marriage bans. To date, these losses include decisions by more than 20 federal district courts and three federal courts of appeals. The 9th circuit appears poised to become the fourth court of appeals to rule in favor of marriage equality.
With all of these losses, the State of Texas can no longer reasonably believe that it will prevail in its defense of its ban or that full marriage equality will not eventually come.
Texas’ arguments in support of discrimination against gays and lesbians have been made by all of the other states. And these arguments have been found woefully wanting.
Texas’ principal argument is that its ban is necessary to encourage procreation within marriage. “The State’s recognition and encouragement of opposite-sex marriages increases the likelihood that naturally procreative couples will produce children, and that they will do so in the context of stable, lasting relationships,” reads the argument.
The 7th circuit said this argument was “so full of holes that it cannot be taken seriously.” The 10th circuit called this argument “wholly illogical.” And it is.
Disallowing gays and lesbians from marrying does not encourage heterosexual couples to marry. And allowing gays and lesbians to marry will not discourage heterosexual couples from marrying — or from having children, for that matter.
Mark Phariss and Vic Holmes hold Jake as they pose for a portrait in their home in Plano, on Thursday, February 6, 2014. (Vernon Bryant/The Dallas Morning News)
By continuing this appeal before the 5th circuit, Texas is spending valuable taxpayer money defending a law that is blatantly discriminatory, unjust and unconstitutional.
Texas is unnecessarily delaying the time when thousands of Texas children of gay and lesbian couples may be raised by married parents just like children of heterosexuals. Texas is delaying the time when thousands of Texas gay and lesbian taxpayers – including Vic and me – can marry the person they love.
By continuing with this appeal, Texas is on the wrong side of the law, the wrong side of equality and the wrong side of history. Frankly, it is also on the wrong side of compassion.
Vic and I have been together over 17 years, and we commuted for 11 of those years while Vic served his country in the U.S. Air Force. We love each other very, very much. And like most couples in love, whether heterosexual or non-heterosexual, we want to marry.
Marriage is about two people, whether gay or straight, who love each other and want to express that love in a lifelong commitment.
Texas should accept the inevitable, drop its appeal and extend marriage equality and compassion to its gay and lesbian citizens.
Mark Phariss is a Plano, Texas corporate attorney. He and his partner of 17 years, Vic Holmes, are co-plaintiffs in the Texas case challenging the constitutionality of Texas’ ban on same-sex marriages, which is now pending before the 5th Circuit Court of Appeals.