By Nathan Koppel
A federal judge on Wednesday ruled that a Texas law banning same-sex marriages was unconstitutional, the latest in a string of court rulings declaring such state laws illegal since a pair of Supreme Court decisions favoring gay marriage last June.
U.S. District Judge Orlando Garcia of San Antonio delayed his ruling pending a likely appeal, however, which means that same-sex couples aren't yet free to marry in Texas, the nation's second most populous state with more than 26 million residents.
Texas Attorney General Greg Abbott, the leading Republican candidate for governor, is expected to appeal the ruling. His office, which defended the state's law, didn't immediately respond to a request for comment.
"Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our [state] Constitution, and it is not the role of the federal government to overturn the will of our citizens," Texas Gov. Rick Perry, a Republican, said in a statement, adding, "We will continue to fight for the rights of Texans to self-determine the laws of our state."
In June, the Supreme Court struck down a 1996 law denying federal benefits to same-sex spouses, and in a separate case let stand a lower-court ruling that struck down California's ban on same-sex marriage.
Since then, federal courts in Oklahoma, Utah and Virginia, along with state courts in New Jersey and New Mexico, have ruled for gay couples seeking the right to marry in those states, although some of those rulings are on hold pending appeals. This week, U.S. Attorney General Eric Holder told a gathering of state attorneys general they need not defend state laws barring gay marriage if they considered them unconstitutional, a position recently adopted by such officials in Nevada, Pennsylvania, Oregon and Virginia.
The Texas suit was brought by two couples who claimed the state's ban on same-sex marriage violated their federal due-process and equal-protection rights.
Judge Garcia agreed, concluding, "Texas' current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason."
"We are thrilled at the result," said Barry Chasnoff, a San Antonio lawyer who represented the couples. "All our clients ever wanted was to be treated with the respect and dignity that other couple have enjoyed."
"We have cried several times already and feel vindicated," said Nicole Dimetman, one of the plaintiffs in the case. "It's a historic day for all Texans."
The Human Rights Campaign, an advocacy group that opposes discrimination against gays and lesbians, said the ruling marked "a historic day in the heart of the South."
Jonathan Saenz, president of Texas Values, an organization that supports the state same-sex marriage ban, said the ruling was "just the beginning of an epic battle that the Texas people will ultimately win in name of the only true and lawful definition of marriage."
"This ruling by judge Orlando Garcia is the most egregious form of judicial activism of our generation," Mr. Saenz said. "This hollow victory and clear attack on morality and the rule of law will not stand in Texas."
Jess Bravin contributed to this article.
Write to Nathan Koppel at nathan.koppel@wsj.com
Source: Top Stories - Google News - http://ift.tt/1emnDev
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