Gay Houston couples cheer same-sex marriage ruling

Julie Doyle-Madrid, left, and Naomi Doyle-Madrid praised the ruling "for the sake of our family." Julie Doyle-Madrid, left, and Naomi Doyle-Madrid praised the ruling "for the sake of our family." Photo: Brett Coomer, Staff Photo: Brett Coomer, Staff Image 1 of / 119 Caption Close Gay Houston couples cheer same-sex marriage ruling 1 / 119 Back to Gallery

News of a judicial blow to Texas' ban on same-sex unions brought jubilation to Houston-area gay couples who want to marry in the Lone Star State or desire legal status of unions recognized elsewhere.

For Naomi Doyle-Madrid and her longtime partner, Julie Doyle-Madrid, the decision prompted a celebration over Mexican food on Wednesday night.

"We are very happy, but cautiously optimistic," said Naomi Doyle-Madrid, 47. "We have three kids and this ruling is very important to us for their sake and for the sake of our family and whether or not we'll finally have some protections we feel we have the right to have."

The grant writers, who run a consulting business, committed to each other in a religious beachside ceremony 13½ years ago. Still, legal evidence of their personal partnership "stays in the backpack at all times," Julie Doyle-Madrid said.

"We feel like we are married, but there are legal issues that affect our lives - things that we can't do or feel we can't do because our marriage is not recognized," the 37-year-old said, adding that acquiring their hyphenated surnames further illuminated the inequity. "Because it's not a legal marriage, you have to pay to change your name."

On Wednesday, a federal judge in San Antonio ruled that the state's ban on same-sex marriage violates the constitutional rights of gays and lesbians to equal protection and due process. U.S. District Judge Orlando Garcia prohibited the state from enforcing its 2003 law against same-sex unions and the 2005 constitutional amendment defining marriage only between one man and one woman. He stayed the order until expected appeals against his ruling have been heard by higher courts.

Last year, the U.S. Supreme Court ruled that the federal government cannot refuse to recognize valid same-sex marriages in states where they are permitted.

Now, lower courts must decide "whether a state can do what the federal government cannot - discriminate against same-sex couples," Garcia's ruling said.

Some Houston couples didn't wait for Texas to change. Last month, Houston Mayor Annise Parker tied the knot with her longtime partner, Kathy Hubbard, in California.

Burton Bagby-Grose, former president of the Houston GLBT Political Caucus, married his husband in Massachusetts in 2009.

"Finally, judges are feeling a freedom to read the constitution in a way that does something really extravagant - provide equality for everyone, not just certain people based on cultural traditions," he said.

Mark Eggleston, outreach director at Houston's Resurrection Metropolitan Community Church - which is part of a denomination that welcomes same-gender-loving, transgender and bisexual people - united with his husband in 2008 on the first day gay marriage was legal in California. He said they want the rights, responsibilities and legal protections that are extended to heterosexual couples in Texas.

"We really have no rights other than what the federal government is granting one by one," he said.

Still, Wednesday's decision was rebuffed by traditionalists who contend that gay marriage is not legitimate and should remain illegal in Texas.

"Marriage is what is always has been, a union of a man and a woman - gender as defined at birth," said Dave Welch, executive director of the Houston-based Texas Pastor Council. "We believe the judge did the right thing by putting a stay on his decision. We, of course, believe that our state constitution is, in fact, constitutional."

Welch expects the ruling to be overturned on appeal.