The Engage Family Blog

Official Blog of The Family Policy Council of West Virginia

Activist Judge in Texas Highlights Need in West Virginia

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By Nathan A. Cherry

Martinsburg, W.V. – Did you hear the one about the arrogant activist judge in Texas that had the audacity to declare that both a state amendment and statute defining marriage as between one man and one woman along with the federal DOMA law are unconstitutional in order to preside over a gay marriage divorce case? Unfortunately this is no laughing matter.

 When two gay men married in Massachusetts and now living in Texas sought a divorce, the state Attorney General stepped in and declared that no judge in Texas had jurisdiction to hear the case since Texas does not recognize same-sex marriage. But that didn’t stop family law judge Tena Callahan from ignoring the Attorney General but also from declaring that Texas’ state constitutional amendments defining marriage between one man and one woman were unconstitutional according to the Constitution of the United States. (Click here for full story)

The part that makes this so angering is that family court judges are not typically qualified to deal in Constitutional matters. Generally they stick strictly to state laws. So in this case Judge Callahan should have simply cited Texas state law and been done with the matter. But, being the left leaning activist she is, she not only ignored Texas state law, but she ignored the will of the people that elected her when 75% of them recently decided to define marriage as a union of one man and one woman.

 This lowly state judge is obviously more concerned with making political waves in an attempt to gain recognition than she is upholding the constitution of her own state. If she can’t be trusted to uphold the laws of the state she represents, how could she possibly be trusted to uphold the Constitution of the United States? Perhaps the people of Texas will think twice before voting for her again in 2010.

 This story brings to light once again the absolute need for a marriage amendment to the state constitution of West Virginia. Our lawmakers have repeatedly told us that since we have a DOMA law that there is no need for a marriage amendment. But here is a clear case of an activist judge overstepping bounds once again.

 Family Policy Council President Jeremy Dys has argued time and again that “There is no legitimate reason not to let the people vote on the definition of marriage.” He cites recent poll data in the mountain state that shows support for traditional marriage growing. The latest numbers show roughly 90% of citizens in the state want to define marriage as the union of one man and one woman.

 If the numbers are correct and so many West Virginians want to define marriage for themselves and not have it defined for them by an activist judge or some government sanctioned policy that bypasses the people. Why is it that West Virginia lawmakers like Carrie Webster and Barbara Fleischauer are standing in the people’s way and not allowing them to vote?

I want to encourage you to go to and click on “Find Your Legislator” to contact your state lawmakers and let them know that you support traditional marriage, and that you want to vote on the matter rather than have it imposed.


Written by Nathan Cherry

October 8, 2009 at 10:02 am

One Response

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  1. Fairly superb article, really informative stuff. Never ever considered I would discover the information I want in this article. I have been scouring everywhere in the web for a while now and had been starting to get frustrated. Fortunately, I stumbled onto your blog and got precisely what I had been looking for.

    Shanae Rigali

    February 6, 2010 at 10:34 am

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