A federal judge in San Antonio ruled Wednesday that Texas’ ban on same-sex marriage unconstitutionally deprives some citizens of due process and equal protection under the law by stigmatizing their relationships and treating them differently from opposite-sex couples.
U.S. District Judge Orlando Garcia cited recent U.S. Supreme Court rulings as having trumped Texas’ moves to ban gay marriage.
“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,” he 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.”
The decision is on hold pending appeal at the Fifth Circuit Court of Appeals.
Garcia is a former Democratic Texas State Representative from San Antonio. He was appointed to the bench by President Bill Clinton.
This should all prove to be interesting. Texas has more than it’s fair share of those opposed to treating their neighbor like themselves and Texan’s are unusually willing to let their biases and bigotries be known.