Judge Hears Challenge of Texas’ Gay Marriage Ban
Two same-sex couples, including one from Plano, asked a federal judge Wednesday to stay Texas’ constitutional ban on gay marriage so one can wed and the other can have their out-of-state marriage recognized.
A lawyer for the state said that would be an end run around the will of Texas voters, who in 2005 approved the state constitutional amendment 3-to-1.
U.S. District Judge Orlando Garcia didn’t immediately rule on plaintiffs’ request for a preliminary injunction.
The case is one of three to challenge the Texas ban — and the furthest along. Nationally, similar battles are underway in federal courts in 23 states.
Garcia, an appointee of former President Bill Clinton, acknowledged that his ruling will be far from the final say on the matter.
“Any one of those cases,” he said, ticking off lawsuits in Oklahoma, Utah, Ohio and Virginia, “or a combination thereof will make its way to the Supreme Court,” he said. In June, the justices ruled, 5-4, that married same-sex couples are entitled to federal benefits.