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Federal judge overturns Texas’ ban on gay marriage

By Daniel S Levine,

Texas became the latest state to have its ban on same-sex marriage overturned by a federal judge on Wednesday.

U.S. District Judge Orlando Garcia in San Antonio said that the state’s refusal to approve same-sex marriages and recognize out-of-state same-sex marriages is unconstitutional, reports The Houston Chronicle.

However, as federal judges have been doing lately, Garcia put a stay on his order to allow the state to appeal the ruling. That means that the ban is still enforced at the moment.

Federal judges in Virginia and Kentucky have had their bans ruled unconstitutional this month as well. Neither of those states have started issuing marriage licenses to same-sex couples though, as the judges issued stays in both situations as well.

According to Dallas Morning News, Attorney General Greg Abbott is expected to appeal Garcia’s ruling. He has opposed gay marriage, as have his Republican challengers for the Texas governor’s office. The GOP primary is next week.

The Texas case involves two gay couples. One moved to Massachusetts, the first state to recognize same-sex marriage, to get married and want the state of Texas to recognize their marriage. The other couple has been together for 17 years and are hoping to get married in Texas.

image courtesy of Wikimedia Commons

 

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