United States District Judge Orlando Garcia ruled the 2005 Ban on Gay Marriage is unconstitutional based on the 14th Amendment of the Constitution.
The amendment, in summary, is the basis of civil and legal liberties within the United States, guaranteeing due process and equal treatment of all U.S. born citizens.
He made the decision today after hearing arguments earlier this month.
Cleopatra De Leon and Nicole Dimetman, the couple that filed the lawsuit, were married in Massachusetts in 2009. They said they filed the suit because they want Texas to recognize their marital status under the law.
The state, however, plans to appeal the judge’s decision to the U.S. Supreme Court. State Attorney General Greg Abbot says the state’s basis lies in the Supreme Court precedent leaving states the right to define and regulate marriage.
Texas voters approved the ban in 2005. The Texas Constitution’s Family Code Section 2.001(b) also prevents issuing a marriage license to same-sex couples.
Source: Texas Family Code 2.001(b)
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