Wills, Trusts & Estates Prof Blog

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

Wednesday, February 26, 2014

Texas Gay Marriage Ban Struck Down


Today, a federal judge struck down Texas’ same-sex marriage ban, ruling the ban has no “rational relation to a legitimate government purpose.”

In De Leon v. Perry, San Antonio Judge Orlando Garcia sided with two same-sex couples, saying “Supreme Court precedent prohibits states from passing legislation born out of animosity against homosexuals, has extended constitutional protection to the moral and sexual choices of homosexuals, and prohibits the federal government from treating state-sanctioned opposite-sex marriages and same-sex marriages differently."

Garcia stayed enforcement of his decision pending appeal, which means same-sex couples cannot yet get married in Texas.  State officials are expected to appeal this decision to a federal appeals court in New Orleans.  Among those defending the ban is state Attorney General Greg Abbott, the leading Republican candidate for governor.

See Bill Mears, Texas Ban on Same-Sex Marriage Struck Down, CNN, Feb. 26, 2014.


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