Will Texas Nix Marriage Licensing? Yes — if Rep. David Simpson Gets His Way

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Texas state Rep. David Simpson (R-Longview) has an intriguing response to Obergefell v. Hodges, the United States Supreme Court decision imposing a national mandate to override the diverse ways in which state governments deal with same sex marriage. Simpson is asking Texas Governor Greg Abbott to declare a special session of the state legislature to consider Simpson’s proposal that Texas end marriage licensing in the state.

Simpson’s radical response to the court’s decision should not be too surprising given that earlier this year he responded to the war on marijuana with a bill that would eliminate all Texas laws regarding marijuana so the plant would be treated the same as tomatoes, jalapeños, or coffee. Also, back in 2011, Simpson responded to the US Transportation Security Administration’s frisking of travelers with legislation that would hold TSA employees accountable for such actions under state assault prohibitions.

While some people will be quick to write off Simpson’s proposal to end marriage licensing as unrealistic, it should be noted that state licensing of marriages has not been the norm throughout American history. In addition, Simpson’s record with his previous marijuana and TSA legislation indicates the folly of underestimating his ability to advance radical legislation. Simpson’s marijuana bill was approved — after an amendment was made to retain marijuana restrictions for juveniles — by the committee of jurisdiction shortly before the legislative session ended. Though the marijuana bill did not pass during the most recent legislative session, the committee approval suggests the bill may pass next session. And Simpson’s TSA legislation passed in the state House and was poised to pass in the state Senate until the US government threatened to shut down all Texas airports if the bill become law.

Simpson makes the case for ending marriage licensing in a Thursday editorial “It’s time to divorce marriage from government,” in the Texas Tribune. Simpson’s editorial begins with the following:

It has been said that licensing is the process by which government takes away your freedom and then rents it back to you. Marriage has existed as long as human history. Marriage licensing, on the other hand, is a modern phenomenon. It is a government program that gives power to the few to control and subvert the liberties of others. In the past, it has been used as a weapon of racial segregation and cultural intolerance.

Now this weapon of intolerance has been turned against people of faith in the name of tolerance. I cannot imagine a more Orwellian perversion of freedom than to call force and submission tolerance. Yet that is where we are. This week, county clerks and state officials were given a difficult choice — follow the law or follow your most cherished beliefs.

Continue reading Simpson’s editorial: http://tribtalk.org/2015/07/02/its-time ... overnment/" onclick="window.open(this.href);return false;

[gnolaum]

Wow! What a wonderful idea. I would so love to see this happen and then the rest of our "sane" states to follow suit. Sadly, I'm fairly certain it will not happen.

As I've stated several times the idea that any government can take a right, convert it into a privilege and charge a fee for the same is abhorrent and unconstitutional:

* 373 US 147: Shuttlesworth v. City of Birmingham (373 U.S. 262): The State cannot issue a license for exercising a right. If the State converts a liberty into a privilege, the Citizen can engage in the right with impunity.

* State vs. Jackson, 60 Wisc.2d 700; 211 NW.2d 480, 487: "A license fee is a charge made primarily for regulation, with the fee to cover costs and expenses of supervision or regulation." The fee is the price; the regulation or control of the licensee is the real aim of the legislation. Are these licenses really used to fund legitimate government, or are they nothing more than a subtle introduction of police power into every facet of our lives? Have our "enforcement agencies" been diverted from crime prevention, perhaps through no fault of their own, instead now busying themselves as they "check" our papers to see that all are properly endorsed by the state? How much longer will it be before we are forced to get a license for our lawn mowers, or before our wives will need a license for her blender or mixer? They all have motors on them and the state can always use the revenue.

* 319 US 105: [Murdock vs. Pennsylvania](http://www.constitution.org/ussc/319-105a.htm" onclick="window.open(this.href);return false;) (1943) "A state may not impose a charge for the enjoyment of a right granted by the federal constitution. Thus, it may not exact a license tax for the privilege of carrying on interstate commerce (McGoldrick v. Berwind-White Co., 309 U.S. 33, 56-58, 60 S.Ct. 388, 397, 398, 128 A.L.R. 876)".

Etc. I can continue but the fact is we (the people) allow this horrible abuse. The State has no lawful authority or jurisdiction regarding marriage. Marriage is a God-given right, and a covenant between Him a man and woman. IMO, anyone can lawfully get married without a license, and that is also what case law says.

The problem is that we are often timid when it comes to standing up for our rights in a court of law.

[Ezra]

You have a God given right to feed yourself. No hunting or fishing license is required.

[Sandinista]

You have a God given right to feed yourself. No hunting or fishing license is required.

Can I get the $50 fine back I had to pay to the Colorado Fish and Game Department for fishing without a license back in 1974? That has been a burr under my saddle for a long time!

[Ezra]

You have a God given right to feed yourself. No hunting or fishing license is required.

Can I get the $50 fine back I had to pay to the Colorado Fish and Game Department for fishing without a license back in 1974? That has been a burr under my saddle for a long time!

http://m.youtube.com/watch?v=06VzxxDTnB8" onclick="window.open(this.href);return false;

You Probley could have at the time.