Republican State Representative Files complaint to Wrong Judge
Arlington Republican state Representative files complaint against gay marriage…to wrong judge.
(Photo: Progress Texas)
Retired Army major and current Arlington state Rep. Tony Tinderholt, 44, filed a complaint against a state district judge for allowing Texas’ first same-sex marriage.
Tinderholt, who already has five marriages under his belt, said in a published statement that he wants a judicial system that “respects the laws” and separation of powers, as if judges shouldn’t declare the Texas Legislature’s laws unconstitutional without prior permission from the Legislature.
On his Facebook page, Tinderholt wrote, “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. This judge deliberately violated statutory law that requires judges to notify the Office of Attorney General before ruling on constitutionality.”
Unfornuately, Wahlberg didn’t rule the marriage ban unconstitutional; it was Probate Judge Guy Herman who issued the decision as part of an estate claim by a woman who wanted her deceased female partner legally recognized as her spouse.
Had Tinderholt directed his complaint toward judge Herman, it still would not have been valid. In his complaint, Tinderholt wrote, “constitutional challenge by a judge requires notice and must wait until 45 days after to enter final judgment.”
Assistant Attorney General Benjamin Dower stated that the office of Attorney General Ken Paxton was in fact notified and that the office “decided not to seek direct involvement.”
-by Sarah Furlong
