Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, April 24, 2014

Texas State Judge Finds Same-Sex Marriage Restrictions Unconstitutional


Following the federal ruling issued on same-sex marriage in February, a Texas state court judge has also ruled against Texas on same-sex marriage. 

Judge Barbara Nellermoe deemed Texas’ restrictions on same-sex marriage unconstitutional, which will pave the way for a San Antonio couple’s divorce proceedings and child custody battle.  Nellermoe wrote, “In a well-reasoned opinion by Judge Orlando Garcia, the federal district court found that a state cannot do what the federal government cannot — that is, it cannot discriminate against same-sex couples.”  Nellermoe pinpointed three portions of the Texas Family Code as being unconstitutional as well as Section 32 of the Texas Constitution.

See Michelle Casady, State Judge Rules Against Texas on Same-Sex Marriage, San Antonio Express News, April 24, 2014. 

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  


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