AUSTIN — A federal judge declared a same-sex marriage ban in deeply conservative Texas unconstitutional on Wednesday, but will allow the nation’s second-most populous state to enforce the law pending an appeal that will likely go to the U.S. Supreme Court.

Judge Orlando Garcia issued the preliminary injunction after two gay couples challenged a state constitutional amendment and a longstanding law.

His ruling, made in San Antonio, is the latest in a tangled web of lawsuits across the country expected to end up in the Supreme Court next year.

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,” Garcia wrote. “These Texas laws deny Plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex.”

Garcia said the couples are likely to win their case and the ban should be lifted, but said he would not enforce his ruling pending one by the 10th Circuit Court of Appeals, which already is hearing two other states’ cases. He also will give Texas time to appeal to the 5th Circuit Court of Appeals in New Orleans.

Garcia, appointed by President Bill Clinton, is the first judge in the conservative 5th Circuit to reach such a decision. Texas Attorney General Greg Abbott, who also is the leading Republican candidate to succeed Gov. Rick Perry, promised to appeal the decision to the New Orleans court.

“This is an issue on which there are good, well-meaning people on both sides,” Abbott said in a statement. “The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage.”

Abbott will likely ask the 5th Circuit to formally suspend Garcia’s ruling, but if that court fails to do so before the 10th Circuit rules, he could enforce his decision then.

U.S. Attorney General Eric Holder said this week that his state counterparts are not obligated to defend local laws banning same-sex marriage if they believe the laws violate the U.S. Constitution. Democratic attorneys general in at least six states — Virginia, Pennsylvania, California, Illinois, Oregon and Nevada — have declined to defend same-sex-marriage bans that have been challenged in court by gay couples.

Abbott’s likely Democratic opponent, Fort Worth state Sen. Wendy Davis, welcomed the ruling.

“I believe that all Texans who love one another and are committed to spending their lives together should be allowed to marry,” Davis said.

Texas is in the midst of primary election season and Republicans up and down the ticket deplored the court’s decision, while Democrats welcomed it.

The ruling is the latest in a series of victories for gay rights activists following similar decisions in Utah, Oklahoma and Virginia.

The U.S. Supreme Court put the Utah ruling on hold until the 10th Circuit can consider an appeal, and Garcia said he would respect that order as well.

Mark Phariss and Victor Holmes filed their federal civil rights lawsuit saying Texas’ ban unconstitutionally denied them the fundamental right to marry because of their sexual orientation.

Cleopatra De Leon and Nicole Dimetman filed a lawsuit saying Texas officials violated their rights by not recognizing their marriage conducted in a state where gay marriage is legal.

“Growing up with my mom and dad, I envied their marriage because I really didn’t think I’d have something like that,” Phariss said. “Reading that decision, it was the first time I realized, yes I can get married.”

Dimetman said she was thrilled with the judge’s decision and talked about growing up knowing that she was gay and worried that she would never get married.

Todd Staples, a candidate for lieutenant governor who drafted the constitutional amendment banning gay marriage, denounced the court’s decision.

“I am disappointed that judicial activism is once again trying to trump the will of the people. This ruling is the poster child of the culture war occurring in America today,” he said.

Another gay couple has filed a separate lawsuit in federal court in Austin. In that case, two men argue that the ban discriminates against them based on their gender. That case is scheduled for a hearing later this year.

Perry accused Garcia of disregarding the will of the people by overturning a voter-approved constitutional amendment.

“The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn’t be achieved at the ballot box,” Perry said.

(3) comments


The Constitution is silent on marriage. Therefore, jurisdiction falls to the states, and the people, according to the Constitution. Federal courts have no jurisdiction in this matter, and ruling that they do is Unconstitutional. Further, sexual preference is not a protected class of civil right. It simply isn't. Accordingly, each state may decide in their own way how to address this issue, and may do so without the interference of the federal government, which does not have the authority to interfere.

This is what is really wrong with our country today; that some citizens believe they have the right to stomp on my rights, and the Constitution, in order to force their minority viewpoint onto others by rule or legislation. Well, you DON'T have that right. What you DO have the right to do is leave Texas and go live where your views are practiced, and leave those of us here alone.

This kind of behavior is how fascism got started, and these citizens demanding special rights for their lifestyle choices need to go read a history book.


Bubba the irony is rich.

Clearly you think what you believe is constitutional and therefore you have the right to stomp on other people's rights.

Lucky for the nation, that the Supreme Court not you decide what is and isn't constitutional.

If anything is a problem it's people like you who put themselves above the law, above the Supreme court and declare they know what's best and what's in the constitution.

You do so while clearly NOT understanding what you read.

Who has jurisdiction and how control is split is extremely clear in the constitution as was the process over 2 CENTURIES of court rulings deciding the matter.

What's hilarious is you claim to know the constitution, but are oblivious to the fact that 2 CENTURIES of decisions say you are wrong.

There is no constitutional right to DENY OTHER PEOPLE their rights, because you don't like them, their lifestyle or something else.

That is what you claim you have a right to do, what a joke.


Orlando Luis Garcia (1952) is a former Texas state legislator and a United States federal judge sitting on the United States District Court for the Western District of Texas
He was nominated by President Bill Clinton on November 19, 1993, to a seat which had been vacated by Emilio M. Garza over two years before. Garcia was confirmed by the United States Senate on March 10, 1994, and received his commission on March 11, 1994.


Same-sex marriage
On February 26, 2014 in San Antonio, Garcia overturned the Texas ban on same-sex marriage, ruling that the prohibition is unconstitutional and stigmatizes the relationship of gay couples in the conservative state. He stayed his ruling pending appeal.

ruling that the prohibition is unconstitutional ?????

As the forefathers thought and stated knowing I would think ,there would be those who would either not be able to decipher or would want to pretend they knew no better and rule in their own favor, made a statement.---

When in the future, this Constitutional Document is to be Interpreted -Let it be thought of in the manner in which the thought would have been at the time in which it was written . (or words to that effect)

I have a strong feeling -Same sex Marriage was never thought of or discussed at the round table of decision making during the Constitutional Convention.

Its all a big farce pertaining to Same -Sex Marriage as being Unconstitutional.

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