Jan 13, 2011
Liberty Counsel has filed a motion to intervene in a case being heard today involving benefits for homosexual partners of city employees. Liberty Counsel represents El Pasoans for Traditional Family Values (EPTFV) and several city voters who oppose the city’s repeated attacks on marriage and family.
Shortly after the El Paso City Council voted to provide benefits to same-sex partners of employees, EPTFV drafted an ordinance and successfully mounted a petition drive to put the matter before a vote of the people. The referendum passed and benefits were limited to employees, their legal spouses and dependants.
Then persons in a domestic partnership and supporters of the original ordinance filed a lawsuit, claiming the new ordinance is “unconstitutional, illegal, void and of no legal force.” The suit named only the city as a defendant and not EPTFV, the sponsor of the initiative. The city has refused to defend the legal action and simply consented to an extended temporary injunction that requires the city to ignore the law passed by citizen referendum. The injunction was entered imprudently and without adequate bond.
The lawsuit is without legal basis and contrary to Texas’s statewide marriage amendment, which protects marriage and explicitly states: “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.”
El Paso city officials apparently believe they are above the law. They are serving only themselves, not the people they represent, and certainly not the Constitution they are sworn to uphold. When government officials ignore the rule of law and become the law, they undermine the people’s trust in government and sow the seeds of tyranny.
Read our News Release for more details.
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