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Texas Judge Finds Gay Marriage Ban Unconstitutional

by Jason St. Amand
National News Editor
Thursday Apr 24, 2014
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A Texas state district judge ruled Tuesday that the state’s ban on same-sex marriage is unconstitutional, just after a U.S. Federal District Court Judge ruled against the same ban in February, the New Civil Rights Movement reports.

The case was brought by Allison Flood Lesh, who is seeking a divorce from her wife of three years in order to gain visitation rights for her child.

Judge Barbara Nellermoe ruled that a "failure in Texas to afford the same presumption of parenthood to the wife of a child’s birth mother as it does to a husband of the birth mother violates the Equal Protection Clause."

After the ruling, Texas Attorney General Greg Abbott, who is running for Texas governor, said that the state defends the ban and that he’ll appeal the ruling.

In February Judge Orlando Garcia said that the state’s ban on gay marriage is unconstitutional, but stayed his ruling as he expected an appeal on the decision.

It was also revealed in a new poll this week that 48 percent of Texas voters now support marriage rights for same-sex couples while 47 percent oppose gay marriage.

Comments

  • Wayne M., 2014-04-25 23:01:34

    I really don’t give a flying fuck about what polls say on public support for marriage equality or protecting any other human, civil and equality rights. In a true democracy, people’s rights must be protected regardless of majority opinion. Thankfully there are judges prepared to do sol


  • GAG’EM, 2014-04-26 00:34:21

    Oh, look! Two women and one of them is black. Thanks EDGE for recognizing the diversity of gay couples. (Kinda femme though)


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