Two Austin women were married Thursday morning on a state judge’s orders, igniting celebrations from supporters and condemnation from the state’s Republican leaders, including Attorney General Ken Paxton, who vowed to void the marriage.
Sarah Goodfriend and Suzanne Bryant, together almost 31 years, said their vows before Rabbi Kerry Baker while standing in front of the Travis County clerk’s office sign as Airport Boulevard traffic rumbled by.
They became the first legally married gay couple in Texas to cries of “Mazel tov!” Bryant then grabbed Goodfriend by the arm and said: “Let’s get back in (to register the marriage) before they make it illegal!”
Whether they remained married by day’s end became the subject of debate when the Texas Supreme Court stepped in at Paxton’s request, issuing an ambiguous afternoon order that blocked the ruling by state District Judge David Wahlberg, who had ordered that Goodfriend and Bryant be issued a marriage license, citing Goodfriend’s poor health.
Chuck Herring, lawyer for the Austin couple, said the order has no impact on Thursday’s marriage.
“In our view, there’s no practical meaning,” he said. “We got our people married.”
Travis County Clerk Dana DeBeauvoir insisted the Supreme Court order was not directed at her office and that the license “my office issued was then and is now valid.”
Paxton, however, believed differently. “The same-sex marriage license issued by the Travis County clerk is void, just as any license issued in violation of state law would be,” he said in a statement.
At the very least, those involved said, the all-Republican Supreme Court’s order warned other state judges against trying to issue a ruling similar to Wahlberg’s.
Wahlberg, personally petitioned by Herring, had ordered DeBeauvoir to grant the couple a marriage license, saying the state law against same-sex marriage was causing them irreparable harm, particularly because Goodfriend had been diagnosed with ovarian cancer.
The judge also waived the 72-hour waiting period to perform a wedding.
Wahlberg’s order arrived at the county clerk’s office at 9:25 a.m. Bryant and Goodfriend immediately filled out the paperwork and quickly walked outside to take their vows, fearing the state would attempt to step in and enforce the law and constitutional amendment banning same-sex marriage.
It was a far different outcome than eight years earlier, when Goodfriend and Bryant entered the same office but were denied a marriage license.
The rushed ceremony was a mix of personal — with friends and their teenage daughters, Dawn and Ting Goodfriend, standing nearby — and public statement, with wedding photos sure to include the county sign.
After the ceremony, the couple went back inside the county office to formally register their marriage.
The newly married couple, and their daughters, met with reporters in the afternoon at the law office of Jan Soifer, chairwoman of the Travis County Democratic Party, which will be throwing a party for the couple later in the evening.
“It’s a very, very important day for our family. And it’s a very important day for everyone who believes in justice and equality,” Bryant said.
Goodfriend called the wedding a bittersweet moment because she said she was thinking about thousands of similar families led by same-sex couples who cannot get married.
Goodfriend, diagnosed with ovarian cancer in May, underwent emergency surgery and chemotherapy. With her hair still growing back, Goodfriend said her health prompted the push for a marriage.
“We didn’t want to wait for the (U.S.) Supreme Court to make a decision,” Bryant said.
Condemnation was swift from the state’s Republican leadership.
Gov. Greg Abbott said the Texas Constitution, in an amendment approved by 76 percent of voters in 2005, defines marriage as consisting “only of the union of one man and one woman.”
“I am committed to ensuring that the Texas Constitution is upheld and that the rule of law is maintained in the state of Texas,” Abbott said.
Lt. Gov. Dan Patrick said he supported Paxton’s emergency appeals. “I hope the Texas Supreme Court will respond in a timely fashion,” he said.
Paxton said his office will seek to void the marriage license “issued due to the erroneous judicial order” and promised a lawsuit seeking to halt the Travis County clerk from issuing any more marriage licenses to same-sex couples.
Herring, the couple’s Austin lawyer, accused Paxton of being vindictive.
“We think that’s legally invalid, and certainly cold-hearted, mean-spirited and unseemly to do that to an ovarian cancer victim and her family. We think he’s on the wrong side of history,” Herring said.
DeBeauvoir, a Democrat who supports gay marriage, emphasized that her office was acting under the direction of a state judge and would be issuing no additional marriage licenses to same-sex couples.
But as word of the marriage spread quickly through social media, Shellie Shores and Rosemary Wages arrived at the county offices Thursday morning hoping to get their own marriage license. They were denied.
“We were like, this may be it,” Shores said. “We’ve been together over 20 years, and this is the state where we grew up and live, and we want to be legally married here.”
“I’m disappointed we couldn’t get it, but everyone was very nice,” Wages said.