Texas ban on same-sex marriage violates U.S. Constitution: Judge
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A federal judge in Texas has ruled that the state's ban on same-sex marriage violates equal protection and due process guarantees of the U.S. Constitution.
In a 30-page opinion filed Wednesday in U.S. District Court in San Antonio, Judge Orlando Garcia said the state failed to identify any rational reason to enforce a 2005 amendment to the state's constitution prohibiting recognition of any marriage or civil union between same-sex couples, even those performed legally in other states.
"Equal treatment of all individuals under the law is not merely an aspiration, it is a constitutional mandate," Judge Garcia said in his ruling. "By denying (same-sex couples) the fundamental right to marry, Texas denies their relationship the same status and dignity afforded to citizens who are permitted to marry. It also denies them the legal, social and financial benefits of marriage that opposite-sex couples enjoy."
Texas plans to appeal, according to a statement released Wednesday by Texas Attorney General Greg Abbott. But barring reversal on appeal, the ruling would add Texas to the growing list of states that extend married same-sex couples the same rights and protections afforded to opposite-sex couples under state laws, including those governing income taxes and employment benefits such as health care and retirement plans.
Judge Garcia is the fourth federal judge to strike down a state-level ban on same-sex marriage since the beginning of the year, following similar rulings in Virginia, Utah and Oklahoma.
However, implementation of all four rulings has been postponed pending appeals.
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