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A Federal Judge in Texas has ruled that the state's gay marriage ban
is unconstitutional. Judge Orlando Garcia ruled that he will allow the state to keep the ban in place pending a ruling by the 10th Circuit Court of Appeals that has already heard two separate cases, but does not have jurisdiction over Texas. He will also allow Texas to appeal to the 5th Circuit Court of Appeals in New Orleans, but he left no doubt where he stands on the issue.
"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution. These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."
Garcia also stated that “the lower courts must apply the supreme court’s decision in Windsor and decide whether a state can do what the federal government cannot – discriminate against same-sex couples.
Not surprisingly, Texas has vowed to appeal.
I applaud this decision and look forward to these discriminatory laws being struck down throughout this great nation. It is high time to guarantee equal marriage rights to all of our citizens, regardless of their sexual orientation.
What does this ruling mean today? If Texas goes "gay" is only inevitable before the rest of the country follows suit? Or will this have to be settled by the Supreme Court before these deeply southern states come around to the fact that they are on the wrong side of history?