Policy

And There Goes Texas – Lone Star Gays Win Round in Marriage Fight

Federal judge rules recognition ban unconstitutional

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Won't somebody think of the children?!!
marsmet53 / Foter / CC BY-NC-SA

There's no point in saying, "Really, a win in Texas?" when federal judges have ruled for gay marriage recognition in Utah, Oklahoma and Virginia so far. But, yes, a federal judge just ruled that the ban on gay marriage recognition in Texas is unconstitutional.

Judge Orlando Garcia writes:

The issue before this court is whether Texas' current definition of marriage is permissible under the United States Constitution. After careful consideration, and applying the law as it must, the Court holds that Texas' prohibition on same-sex marriage conflicts with the United States Constitution's  guarantee of equal protection and due process. 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' ban on same-sex marriage.

The ruling, though, has been stayed for appeal as it was in Oklahoma and Virginia and eventually in Utah.  The full ruling can be read here (pdf).

Anybody care to wager whether the Supreme Court will be hearing one of these cases by next year?