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A federal court judge just issued a preliminary injunction that finds the Texas ban on same-sex marriage is unconstitutional. As with similar rulings, U.S. District Court Judge Orlando Garcia stayed his decision pending appeal, so couples cannot begin to marry.
Nevertheless, the ruling, from the deep south in a state evenly split on marriage equality is yet one more brick knocked down from the wall built by former President George W. Bush — ironically, the former governor of Texas as well.
“Applying the United States Constitution and the legal principles binding on this Court by  Supreme Court precedent, the Court finds that Article I, Section 32 of the Texas Constitution and corresponding provisions of the Texas Family Code are unconstitutional,” Judge Garcia wrote. “These Texas laws deny Plaintifs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintifs wish to be married to a person of the same sex. The Court finds this denial violates Plaintifs’ equal protection and due process rights under the Fourtenth Amendment to the United States Constitution.”
“Accordingly, Plaintifs have carried their burden of clearly showing that the extraordinary remedy of a preliminary injunction is appropriate in this case. Plaintiffs have shown a likelihood of success on the merits, i.e. that Section 32 is unconstitutional; have established that continued enforcement of Section 32 would cause them irreparable harm; have shown that their injuries out weigh any potential harm to Defendants; and finally, the Court concludes a preliminary injunction barring Section 32’s enforcement will serve the public interest.”
[Bolding ours]
Hat tip: Chris Johnson/Washington Blade