Make that seven now — federal judges who have struck down a state’s same-sex marriage ban as unconstitutional since the Supreme Court overturned the Defense of Marriage Act last summer.
And this time, the judge was in Texas of all places, where U.S. District Judge Orlando Garcia today found that that state’s ban violated the United States Constitution’s guarantees of equal protection and due process.
The issue before this Court is whether Texas’ current definition of marriage is permissible under the United States Constitution. After careful consideration, and applying the law as it must, this Court holds that Texas’ prohibition on same-sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process. Texas’ current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason. Accordingly, the Court finds these laws are unconstitutional and hereby grants a preliminary injunction enjoining Defendants from enforcing Texas’ ban on same-sex marriage.
Read the full decision, which the judge has stayed pending an appeal, here.