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U.S. District Judge Rules Texas' Ban On Same Sex Marriage Unconstitutional

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U.S. District Judge Rules Texas' Ban On Same Sex Marriage Unconstitutional

It's being stayed pending appeal. Tea Partiers will be foaming at the mouth.

Although Garcia issued a preliminary injunction against the state’s enforcing its 2003 law and 2005 constitutional amendment that limit marriage to opposite-sex couples, he stayed it from taking effect until his ruling can be reviewed on appeal.

Attorney General Greg Abbott said the state would appeal.

“The U.S. Supreme Court has ruled over and over again that states have the authority to define and regulate marriage,” said Abbott, a Republican who is running for governor. “The Texas Constitution defines marriage as between one man and one woman. If the 5th [U.S.] Circuit [Court of Appeals] honors those precedents, then today’s decision should be overturned and the Texas Constitution will be upheld.”

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