Same-sex marriage ban struck down in Texas

Texas flag and pride flagsBY MICHAEL K. LAVERS
Washington Blade

A federal judge on Wednesday ruled Texas’ constitutional amendment that defines marriage as between a man and a woman is unconstitutional.

U.S. District Judge Orlando L. Garcia said in response to a lawsuit filed by two same-sex couples the state’s gay marriage ban violates the 14th Amendment’s Equal Protection Clause. He stayed his ruling pending an appeal.

“After careful consideration, and applying the law as it must, this court holds that Texas’ prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process,” wrote Garcia. “Texas’ current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”

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