District Judge Strikes Down Texas Same-Sex Marriage Ban
Stay issued until appeal
By Brandon Watson, 1:33PM, Wed. Feb. 26
Today U.S. District Judge Orlando Garcia in San Antonio ruled that Texas' ban on same-sex marriage is unconstitutional. Although the temporary injunction painted the ban as a denial of equal protection under the law, the order will have no immediate effect in Texas. Garcia issued a stay until it can be reviewed during the appeals process.
“Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent,” Orlando said, “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”
The case was brought about on behalf of two Texas same-sex couples, including an Austin lesbian couple who were legally wed out of state. Atty. Gen. Greg Abbott, the likely GOP candidate for governor, is likely to appeal.