Federal Judge Strikes Down Texas’s Marriage Ban, But No Weddings Just Yet

Gay-Marriage-Hands-No-Text-14146794_158577_ver1.0_320_240_1383695408391_1219149_ver1.0_320_240Hell has officially frozen over. A federal judge in San Antonio has ruled that the state’s ban on marriage equality is unconstitutional.

U.S. District Judge Orlando Garcia didn’t clear the way for marriages to take place immediately, instead issuing a stay while the state appeals. However, in his ruling, he made it clear that the ban, passed by voters in 2005 by a 3-1 margin, is nothing more than antigay discrimination.

“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,” Garcia, a Clinton appointee, wrote. “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 by a gay couple who want to get married and a lesbian couple who want their out-of-state marriage to be recognized in Texas. The state’s case was argued by Attorney General Greg Abbott, who is seeking the Republican nomination for governor and who is likely to use the ruling to appeal to hard-core conservative voters. Abbott had argued that lifting the ban was an attempt to “rewrite over 150 years of Texas law,” as if 150-year old laws were universally deserving of preservation.

Marriage equality is unlikely to take place in Texas until the Supreme Court rules on the myriad of cases that are bubbling up on the federal circuit. However, it’s worth noting that so far the anti-marriage forces have been zero for five in federal court, all of which cover traditionally conservative states (Utah, Oklahoma, Virginia, Kentucky and now Texas).  Today’s ruling is just one more sign that the tide is coming in very quickly and there’s little that opponents of marriage equality can do to stop it.


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  • Steve Rider

    Judge Garcia said “Texas’ current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason. Accordingly, the Court finds these laws are unconstitutional and hereby grants a preliminary injunction enjoining Defendants from enforcing Texas’ bans on same-sex marriage.”

    This is clearly accurate and unambiguous. My legal rights are not derived from Rick Perry’s religion.

  • Mezaien

    Taxasses, DO NOT COME TO Tucson, you are not welcome and we will make sure you`ll know it to.

  • RRT

    @Mezaien Why don’t you take some duct tape and “tuck something” up your ass. So, by your statement crimes against a portion of your populous are justified. Fine, then demand that those “persons” register. Then, they will be excluded from any form of taxation. Businesses, income tax, mortgage tax, etc. No taxation without representation. If we are not represented, then we shall pay no taxes.

  • Mdterp01

    Well now…just when i was thinking we should grant Texas and their backwards ways their wish to secede. Perhaps there is hope yet.

  • TerrenM

    I live in Houston and we actually have the very first openly gay mayor with a population over 1 million. She has been re-elected recently to her third term. We’re not gonna lie… We have haters here in Texas. Houston is fairly progressive. But this ruling today is the first inning in a game that could go into extra innings. It may be a couple years… But this is the first step in the right direction.

  • TerrenM

    P.s. I find it amazing (and atrocious) that a Queerty article about a nude Tom Daley receives 3 times more comments than this historic announcement. I guess that’s our community.

  • Respect4all

    @TerrenM: How many people have to say “Yay Texas” to satisfy you?

  • Respect4all

    Yay Texas. That’s 1.

  • Harley

    Finally. Rick Perry can now come out of his closet and marry his boyfriend. Come out, come out Rick Perry. The water is just fine. You political life is over. Forget about being president. LBJ you are NOT.

Comments are closed.