clear
Friday May 29th, 2015 8:34PM

Federal judge strikes down Texas gay marriage ban

By The Associated Press
AUSTIN, Texas (AP) -- A federal judge declared Texas' ban on gay marriage unconstitutional Wednesday, but left it in place until an appeals court can rule on the case.

Judge Orlando Garcia issued the preliminary injunction after two gay couples challenged a state constitutional amendment and a longstanding law. He said the couples are likely to win their case and the ban should be lifted, but said he would give the state time to appeal to the 5th Circuit Court of Appeals before do so.

"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote. "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."

The ruling is the latest in a series of victories for gay rights activists following similar decisions in Utah, Oklahoma and Virginia.

But this was the first time a court in the conservative 5th Circuit has reached such a decision. Texas Attorney General Greg Abbott was expected to file an expedited appeal.

Mark Phariss and Victor Holmes filed their federal civil rights lawsuit saying Texas' ban unconstitutionally denied them the fundamental right to marry because of their sexual orientation. Cleopatra De Leon and Nicole Dimetman filed a lawsuit saying Texas officials were violating their rights by not recognizing their marriage conducted in a state where gay marriage is legal.

Attorneys for the state argued that Texas voters had imposed the ban through a referendum and that Texas officials were within their rights to defend marriage traditions.

Another gay couple has filed a separate lawsuit in federal court in Austin. In that case, two men argue that the ban discriminates against them based on their gender. That case is scheduled for a hearing later this year.
© Copyright 2015 AccessNorthGa.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 4 months ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 4 months ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 4 months ago )
U.S. News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 4 months ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 4 months ago )
Local/State News
Federal prosecutors indict ex-US Speaker of the House Dennis Hastert on bank-related charges
CHICAGO (AP) — Federal prosecutors indict ex-US Speaker of the House Dennis Hastert on bank-related charges.
5:08PM ( 1 day ago )
Homeowners clean up in Texas; death toll climbs to 21
HOUSTON (AP) — Homeowners dragged soggy carpet to the curb and mopped up coffee-colored muck Wednesday after a barrage of storms and floods in Texas and Oklahoma left at least 21 people dead and 11 ot...
11:09PM ( 1 day ago )
US rejects nuclear disarmament document over Israel concerns
UNITED NATIONS (AP) — The United States on Friday blocked a global document aimed at ridding the world of nuclear weapons, saying Egypt and other states tried to "cynically manipulate" the process by...
9:33PM ( 6 days ago )
Obama again avoids calling 1915 Armenian killings 'genocide'
WASHINGTON (AP) — President Barack Obama will once again stop short of calling the 1915 massacre of Armenians a genocide, prompting anger and disappointment from those who have been pushing him to ful...
1:00PM ( 1 month ago )
Ex-NFL star Hernandez convicted of murder, sentenced to life
FALL RIVER, Mass. (AP) — Former New England Patriots star Aaron Hernandez was convicted of first-degree murder and sentenced to life in prison Wednesday for a deadly late-night shooting, sealing the d...
8:54PM ( 1 month ago )