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Same Sex Marriage Declared Unconstitutional in Texas

In the state of Texas, a federal judge ruled last Wednesday that the state 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 than heterosexual couples. This court ruling does not give Texas homosexuals the right to marry just yet. Instead, the ruling went on appeal. The judge says that he has issued a preliminary injunction against the state concerning its 2003 and 2005 constitutional amendment that limit marriage to opposite sex couples. Still, the state plans to appeal the ruling, and may ban homosexual marriages from taking place in the state if they are successful.

State authorities say that they believe that each state has the right to dictate how they describe and view marriage. Though the federal government believes that Texas' ban of homosexual marriage is unconstitutional, the state argues that they have the right to take that stance. The case may eventually reach the Supreme Court depending on the nature of the appeal.

The case became an issue in Texas courts when a gay couple from Plano and a lesbian couple from Austin both petitioned to the government. The Austin couple says that the just want the state of Texas to recognize their out of state marriage. The Plano men says that they would like to get married in the state of Texas. Both couples are thrilled with the results of the case, but know that their battle is not won yet. If you are dealing with a homosexual marriage issue, then you may want to talk with a skilled family law attorney at our Plano firm. Currently, gay marriage is illegal in Texas. However, if you are currently working through a divorce or separation, we may be able to help. Call the firm today to learn more!