63 Texas legislators sign court brief linking gay marriage to incest, pedophilia

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In support of Texas Attorney General Greg Abbott’s efforts to reinstate the state’s ban on same-sex marriage, more than 60 Texas lawmakers signed an amicus brief Monday arguing that recognition of gay marriage could lead to the legalization of incest, pedophilia and polygamy.

Filed with the 5th U.S. Circuit Court of Appeals, 63 members of the Texas Conservative Coalition, the state legislature’s conservative caucus, advanced the notion that legalizing same-sex marriage could provide legal justification for the recognition of various moral taboos, including incest and pedophilia.

“The district court broadened the definition of the ‘existing right to marry’ as one that includes the right of people to ‘select the partners of their choosing’ for marriage, without regard to sex,” the brief contends. “If the right to select ‘partners of their choosing’ is the criterion used to invoke marriage as a fundamental right, then marriage restrictions on age, polygamy, and consanguinity are also ripe for challenge.”

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“Another ground cited by supporters of Texas’s marriage laws and subsequently dismissed by the district court is that recognition of same-sex marriage ‘could lead to the recognition of bigamy, incest, pedophilia, and group marriage,’” the brief continued. “As already discussed in this brief, restrictions on marriage relating to these moral considerations remain valid. Thus, the goal of actively trying to prevent those practices from becoming valid is entirely rational public policy."

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While the Republican lawmakers concede that “recognition of pedophilia or other morally reprehensible actions” may not actually be the “logical next step” following marriage equality, they maintain that legislators enacted Texas’ marriage laws "with the intention of supporting marriage arrangements that they believe support valid goals related to those concerns.”

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