State laws requiring segregation of blacks from whites are another matter and are unconstitutional (14th Amendment). The feds have a Constitutional right to interfere with state laws that require segregation of blacks from whites.
However, the feds have no other Constitutional authority to interfere with any other form of discrimination on the state level and the feds have no Constitutional authority whatsoever to interfere with the God given right of individuals and businesses to exercise their freedom of discrimination (freedom to choose) as they see fit.
“State laws requiring segregation of blacks from whites are another matter and are unconstitutional (14th Amendment). The feds have a Constitutional right to interfere with state laws that require segregation of blacks from whites.”
The 14th Amendment says nothing about blacks and whites:
“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What the court is relying on is the equal protection clause. The courts have consistently held that under the equal protection clause, the states have a very strong burden to show why it is necessary to discriminate against any class of people. It was up to the state in the trial court to present evidence showing why it was vital to Texas to prevent gay marriages. Apparently the judge felt the record was not strong enough.
Sounds like Texas didn’t do a very good job following through on presenting the necessary evidence, for some reason. Or maybe Texas did a good job, but the trial court was just too prejudiced to see it. In any event, the 5th Circuit will review the record and make its own decision.