Texas' ban on gay marriage ruled unconstitutional

Jorge Estevez, left, and Carlos Soto along with other supporters of same sex marriage gather in front of the Bexar County Courthouse to celebrate a preliminary injunction granted by U.S. Federal Judge Orlando Garcia declaring the ban unconstitutional earlier in the day on Wednesday, Feb. 26, 2014. less Jorge Estevez, left, and Carlos Soto along with other supporters of same sex marriage gather in front of the Bexar County Courthouse to celebrate a preliminary injunction granted by U.S. Federal Judge Orlando ... more Photo: JERRY LARA, San Antonio Express-News Photo: JERRY LARA, San Antonio Express-News Image 1 of / 122 Caption Close Texas' ban on gay marriage ruled unconstitutional 1 / 122 Back to Gallery

SAN ANTONIO — A federal judge in San Antonio on Wednesday declared Texas' ban on gay marriage unconstitutional. The Lone Star state's refusal to recognize out-of-state same-sex marriages is also unconstitutional, he ruled.

U.S. District Judge Orlando Garcia, however, also issued a stay, meaning the bans remain in effect for the time being.

“Regulation of marriage has traditionally been the province of the states and remains so today,” Garcia wrote in the 48-page ruling. “However, any state law involving marriage or any other protected interest must comply with the United States Constitution.”

Two gay couples have sued the state aiming to overturn the bans. Nicole Dimetman and Cleopatra De Leon had to go to Massachusetts to get married, and they want Texas to recognize the union. Mark Phariss and Vic Holmes, meanwhile, have had a 17-year courtship and say they want to get married here in their home state.

Garcia ruled that the couples met the criteria for a preliminary injunction, including the likelihood of winning the suit.

Texas Attorney General Greg Abbott issued a statement Wednesday confirming that his office plans to appeal the ruling with the Fifth Circuit Court of Appeals in New Orleans. But there is no rush to do so because of the stay, he said.

“This is an issue on which there are good, well-meaning people on both sides. And, as the lower court acknowledged today, it's an issue that will ultimately be resolved by a higher court,” Abbott said.

“The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage. The Texas Constitution defines marriage as between one man and one woman,” Abbot continued in the written statement. “If the Fifth Circuit honors those precedents, then today's decision should be overturned and the Texas Constitution will be upheld.”

“We are extremely happy — happy beyond words — with Judge Garcia's decision,” Phariss and Holmes said Wednesday in a written statement. “Today, Judge Garcia affirmed that the Equal Protection Clause applies to all Texans. We are delighted by that decision, and we expect that, if appealed, it will be upheld.”

In the same joint statement, Dimetman and De Leon described the decision as “a great step towards justice for our family.”

“Ultimately, the repeal of Texas' ban will mean that our son will never know how this denial of equal protections demeaned our family and belittled his parents' relationship,” they said in a written statement. “We look forward to the day when, surrounded by friends and family, we can renew our vows in our home state of Texas.”

Nationwide, seven states have struck down same-sex marriage bans, in whole or in part, in the past 65 days. But every state, including now Texas, has a stay in effect leaving the laws in place until the issue is visited by the U.S. Supreme Court.

Plaintiffs' attorney Barry Chasnoff described Wednesday's ruling as “one more voice to the chorus that is rising around the country, declaring that all citizens have the right to marriage equality.”

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