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Texas Is Going To Appeal A Judge's Ruling Overturning Its Ban On Gay Marriage

Brett LoGiurato   

Texas Is Going To Appeal A Judge's Ruling Overturning Its Ban On Gay Marriage

Greg Abbott

AP

Texas will appeal a federal judge's ruling Wednesday that the state's ban on gay marriages is unconstitutional, Attorney General Greg Abbott said.

Here's the full statement from Abbott, who is also the Republican frontrunner in the state's gubernatorial race:

"This is an issue on which there are good, well-meaning people on both sides. And, as the lower court acknowledged today, it's an issue that will ultimately be resolved by a higher court. Texas will begin that process by appealing today's ruling to the Fifth Circuit. Because the judge has stayed his own decision, his ruling has no immediate practical effect. Instead, the ultimate decision about Texas law will be made by the Court of Appeals or the U.S. Supreme Court.

"The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage. The Texas Constitution defines marriage as between one man and one woman. If the Fifth Circuit honors those precedents, then today's decision should be overturned and the Texas Constitution will be upheld."

Judge Orlando Garcia of the U.S. District Court for the Western District of Texas issued an injunction that prevents the state from enforcing a law that would prevent same-sex couples from getting married and would ban the state from recognizing legal same-sex marriages from other states.

"Without a rational relation to a legitimate government purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote.

But Garcia stayed his ruling to allow for an appeal, so same-sex couples in Texas will not be able to marry as the appeal goes on.

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