A Texas lawmaker who believes in ‘traditional marriage’ has said a gay couple of 30 years shouldn’t be able to get married.
State Representative Tony Tinderholt, a 44-year-old Republican in Arlington who has been married five times, has filed a handwritten complaint against the judge that permitted the state’s first – and so far only – same-sex marriage.
Somewhat embarrassingly, the Tea Party politician sent it to the wrong judge and showed he doesn’t quite understand the law.
‘Judge David Wahlberg issued a ruling that the state’s ban on same-sex marriage was unconstitutional and ordered a circuit court clerk to issue a marriage license to a same-sex couple,’ Tinderhold announced on Facebook.
‘This judge deliberately violated statutory law that requires judges to notify the Office of Attorney General before ruling on constitutionality.’
There are a few problems. Wahlberg didn’t rule the marriage ban unconstitutional, Probate Judge Guy Herman did. Herman issued the decision as part of an estate claim by a woman who wanted her dead girlfriend legally recognized as her wife.
Wahlberg had then used Herman’s ruling to marry a lesbian couple, with one suffering from a termainal illness, last month saying the couple’s circumstances meant it was not right for them to wait for a final ruling on the constitutional challenge.
But even then, Tinderholt got it wrong. As The Star Telegram reports, the Tea Party politician wrote in his complaint the ‘constitutional challenge by a judge requires notice and must wait until 45 days after to enter final judgment.’
Herman had notified the state attorney general’s office on 23 January, who ‘decided not to seek direct involvement.’
Tinderholt, who is currently married to a former Dallas Cowboys cheerleader, has claimed the complaint is about a ‘judge acting outside the law. This is not about gay marriage’.