HRC Blog

Texas Judge Rules Against State Marriage Ban

On Tuesday of this week, Judge Barbara Nellermoe ruled Texas’ constitutional amendment banning marriage equality is unconstitutional.  The state court ruling comes in response to a lawsuit filed by two San Antonio women who were legally married in Washington, D.C., but now wish to divorce. 

Judge Nellermoe referenced a federal court decision from February of this year in which U.S. District Court Judge Orlando Garcia struck down Texas’ marriage ban in De Leon v. Perry

“In a well-reasoned opinion by Judge Orlando Garcia,” wrote Nellermoe, “the federal district court found that a state cannot do what the federal government cannot — that is, it cannot discriminate against same-sex couples.”

To learn more about the marriage equality cases in Texas and dozens of others across the country, visit

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