Looking Back - From a Field to the Bill of Rights

It all began in a field. It seems strange to say that modern democracy was born in a simple meadow somewhere between Windsor and Staines. Back on June 15, 1215, in a meadow at Runnymeade, King John of England and a group of rebellious barons that had been threatening civil war signed a peace treaty. Little did they know at the time the lasting effect that this treaty, known later as the Great Charter or Magna Carta, would have not only at the time but hundreds of years later across a wide span of ocean in a land just finding its way. The Magna Carta, with its espousal of principles of liberty, inspired America’s Founding Fathers to include those rights in the United States Constitution and specifically the Bill of Rights. One of the central tenets of the Magna Carta, the protection from loss of life, liberty, or property without due process of law , provided the central theme for the declaration of individual rights set out in the Bill Rights. Other important rights and liberties stemming from this historic document are the right to trial by jury, the right to a speedy trial, freedom from cruel and unusual punishment, freedom from excessive fines or bail, and freedom from compulsory self-incrimination. The foundation for the notion of habeas corpus can also be found in the Magna Carta.

To learn more about Magna Carta and to see copies of one of the most important legal documents in history, check out these digital exhibits and resources:

Harris County Law Library’s Magna Carta: A Digital Exhibit

Library of Congress’s Magna Carta: Muse and Mentor

National Archives: Magna Carta

British Library: Magna Carta

Love One Another

National Loving Day could not have come at a better time this year. With the nation fatigued by a global pandemic and suffering from the effects of racial injustice, our country needs a time to heal. National Loving Day, celebrated each June 12, commemorates the anniversary of the landmark 1967 United States Supreme Court decision Loving v. Virginia. In that case, the Court struck down Virginia statutes that criminalized and otherwise prevented marriages between persons solely on the basis of race. The Court held:

Marriage is one of the ‘basic civil rights of man', fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry or not marry, a person of another race resides with the individual and cannot be infringed by the State. 388 U.S. 1, 12 (1967) (Case citations omitted).

In Loving v. Virginia, Virginia residents Mildred Jeter and Richard P. Loving were legally married in the District of Columbia. Shortly after returning to Virginia, the Lovings were charged with violating the state’s ban on interracial marriage. The couple pleaded guilty, and their jail sentence was suspended on the condition that they leave Virginia and not return together for 25 years. The Lovings filed an action in the District of Columbia to vacate the judgment. Eventually, the case made its way to the United States Supreme Court, whose decision recognized the fundamental right to marry regardless of race. The Loving decision became instrumental in another landmark case, Obergefell v. Hodges, which guaranteed same-sex couples the same right to marry as every other couple and recognized the validity of those marriages already existing.

Loving Day began initially as a graduate thesis project at Parsons School of Design in New York City after its founder, he himself a person of interracial and intercultural heritage, accidentally discovered the Loving case. Loving Day has since expanded into a global network of Loving Day celebrations seeking to fight racial prejudice through education, build a multicultural community, and promote multicultural awareness. So on this National Loving Day 2020, let’s keep that mission alive and learn to respect and love one another.

Vote By Mail in Texas? It's Up to You.

Vote by mail is still a hot button issue in Texas, especially as the date for the primary runoffs rapidly approaches. In case you haven’t heard, in April, a district court judge in Travis County entered a temporary order enjoining the Travis County Clerk from rejecting any applications for mail-in ballots from individuals claiming a disability as a result of the COVID-19 virus or from tabulating ballots submitted by those claiming such disability.

A lot has happened since we last wrote about that April 17 district court order. Let’s review some of the key actions and decisions:

• Soon after the district court’s order, the State appealed, effectively staying the temporary order issued by the district court.

• The Texas Attorney General published a letter on May 1, 2020, offering guidance on the mail-in ballot issue by stating that “fear of contracting COVID-19 unaccompanied by a qualifying sickness or physical condition does not constitute a disability under the Texas Election Code for purposes of receiving a ballot by mail.”

• On May 5, appellees filed an emergency motion to enforce the original temporary injunction.

• On May 14, the Fourteenth Court of Appeals agreed with the expansion of mail-in ballot rights, at least temporarily. The appellate court concluded that the temporary order was necessary to preserve the parties’ rights and held that the temporary injunction issued by the district court would remain in effect until the matter was officially disposed.

• The Supreme Court of Texas disagreed, however. In an opinion delivered on May 27, 2020, the Court held that a voter’s lack of immunity to COVID-19 did not satisfy the disability requirement of the Texas Election Code. Plaintiffs have since filed a motion to have their interlocutory appeal dismissed. The motion came on the heels of a notice of nonsuit that was filed with the Fourteenth Court of Appeals after the Supreme Court of Texas rendered its decision. (To see some other key documents relating to the vote by mail litigation, click here.)

As this issue was winding its way through the state judicial system, there was a parallel case pending in the federal court. The Texas Democratic Party and interested voters filed an action in the United States District Court for the Western District of Texas, alleging among other things that the denial of the right to vote by mail for eligible voters under the age of 65 during the COVID-19 pandemic amounted to a violation of federal constitutional rights. The federal court ordered that any eligible voter seeking to vote by mail to avoid transmission of the coronavirus was entitled to do so. Furthermore, the court issued the requested preliminary injunction. Upon motion by the State, the preliminary injunction was stayed pending appeal by the United States District Court for Fifth Circuit in an opinion filed on June 4, 2020.

So, where does this leave Texas voters? It seems that they might be on their own to decide.

Gender Marker and Name Change Resources in Texas

In commemoration of National Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month, we want to remind you of some resources that might help members of our LBGTQ community. Although name changes are commonplace and can be completed with no or few complications, transgender individuals looking to update their gender marker and change their name may face some additional hurdles. Luckily, there is help available.

One of these resources is law library community partner, Houston Volunteer Lawyers (HVL). HVL offers a Gender Affirmation Workshop to assist individuals with preparing the necessary forms to obtain a court order to update one’s gender marker and effectuate a name change. Pre-screening is required, and interested applicants are requested to submit a completed Gender Marker Questionnaire, the HVL application, and a copy of a photo identification. Note that all in-person workshops had been cancelled due to the coronavirus pandemic, so it is recommended that you contact HVL first to inquire as to whether any virtual workshops are scheduled.

To help individuals navigate through this complicated and emotional process, the Texas Legal Services Center has prepared the Texas Name and Gender Marker Change Guide. The guide provides legal information about court orders for name and gender marker changes and applications to update your personal information with governmental agencies, such as the Social Security Administration, Texas Department of Public Safety, and U.S. Citizenship and Immigration Services, if applicable. There are myriad other documents that might require amending, too. For instance in addition to a birth certificate, passport, or voter registration card, you might also need to update your information at a banking, lending, or other financial institution or on legal documents, such as deeds, car titles, or wills. In the appendix, you will find information about legal aid and legal clinics and some self-help resources. There are links to forms as well. However, please note that the gender marker change forms are from Travis County and may not be accepted in every county.

Please see one of our previous posts, Gender Marker and Name Change Resources for Transgender Individuals in Texas, for additional resources.

Today is George Floyd Day

View fullsize

Today, June 9, 2020, as mourners gather in southwest Houston to remember George Floyd, Harris County Judge Lina Hidalgo plans to declare the day to be “George Floyd Day” in Harris County, Texas. Mr. Floyd’s death has sparked global protests and a renewed focus on civil rights. As the public law library for Harris County, we want to contribute to the conversation by assisting anyone who needs access to legal information. Knowledge is power and access to knowledge empowers. If we can help you find information or assist with your legal research, please visit our Virtual Reference Desk to contact us.

You can also find a wealth of information about civil rights and the law of protests from the following sources:

Civil Rights Law

• Sacramento County Public Law Library: Law 101 Civil Rights

• Law Library at University of Minnesota Law School: Resource Guide - Civil Rights in the United States

• Georgetown Law Library: A Brief History of Civil Rights in the United States

• Harvard Law School Library: Civil Rights Law Research

• Princeton University Library: African American Studies: Civil Rights

Law of Protests

• ACLU: Rights of Protestors

• ACLU-Texas: Free Speech and the Right to Protest

• FindLaw: Is there a right to peacefully protest?

• FindLaw: Protest Laws by State

Racial Justice

• Drake Law Library: Racial Justice in the U.S. Guide

• New York Law School: Racial Justice Project - Publications