February 26th, 2014 | by NIGEL JAQUISS News | Posted In: Legislature, Gay Rights, Cops and Courts

Federal Judge Says Texas Ban on Same Sex Marriage Violates Constitution

     
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gaymarriagecoverIMAGE: Xel Moore
A federal judge in Texas today joined judges in other red stakes including Utah and Oklahoma in ruling that state-level bans on same-sex marriage violate the U.S. Constitution, the Dallas Morning News reports.

The Morning News quoted the ruling U.S. District Judge Orlando Garcia handed down in San Antonio today.

"Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent,” Garcia said in his order. “Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”
As judges have done in other states, Garcia stayed his decision pending a likely appeal, so same-sex couples will not be able to marry in Texas until litigation is completed.

A U.S. District judge in Oregon, Michael McShane, is currently considering similar challenges to Oregon's constitutional ban on same-sex marriage. Attorney General Ellen Rosenblum said last week that the Oregon Department of Justice will not defend Oregon's ban in court.
 
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