A Texas lawmaker, currently in his fifth marriage, has submitted a hand-written complaint against a Texas judge -- the wrong judge as it turns out -- over a recent ruling allowing two women to get married after 30 years.
In an op-ed, in the Star-Telegram, Bud Kennedy explains that recently elected Texas House Rep. Tony Tinderholt's complaint against District Judge David Wahlberg is not only misdirected, but may not have a legal foot to stand on.
Tinderholt, 44, a former member of the U.S. Air Force and Army, wrote out a two-paragraph complaint to the State Commission on Judicial Conduct stating that Judge Wahlberg failed to give notice to the State Attorney General's office when lifting a stay on the two women's marriage.
“This judge deliberately violated statutory law, and this is unacceptable,” Tinderholt wrote.
However it was Probate Judge Guy Herman, not Wahlberg, who ruled the same-sex marriage ban was unconstitutional. Additionally, the State Attorney General's office did receive notice of the ruling on Jan. 23 and chose to "not to seek direct involvement.”
According to attorney Brian T. Thompson who took part in the case involving the two women, Tinderholt's complaint won't hold up against either of the judges.
“It’s a shame that someone who’s taken on the responsibility of writing our laws has so much misunderstanding of the law,” Thompson said.
Tinderholt, who is current married to Bethany Tyler-Tinderholt, attends the St. Vincent De Paul Roman Catholic Church in his district of southwest Arlington, Texas.