Texas gay marriage ban is unconstitutional, rules judge

Illustrated rainbow pride flag on a white background.

A US District Judge on Wednesday ruled that the state of Texas’ same-sex marriage ban is unconstitutional.

Judge Orlando Garcia issued a preliminary injunction on the ban, and cited the Supreme Court’s 2013 strike-down of the Defense of Marriage Act (DOMA) and California’s Proposition 8.

He also, however issued a stay alongside the injunction, leaving the ban in place pending appeal.

Garcia wrote: “Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent.

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution.”

Two couples in the state earlier this month challenged the state’s ban on same-sex marriage.