Federal judge: No gay marriage in Texas, for now
A federal judge declined Friday to allow same-sex couples to immediately begin marrying in Texas.
U.S. District Judge Orlando Garcia said allowing same-sex marriages “would only be temporary, with confusion and doubt to follow,” because the issue is being reviewed by a federal appeals court that will hear oral arguments on the matter next month.
Garcia ruled 10 months ago that the Texas marriage ban violated the U.S. Constitution’s promise of equal treatment under the law, but Garcia also issued a stay halting his decision from taking effect while Attorney General Greg Abbott appealed.
Last month, the two couples who challenged the Texas ban urged Garcia to lift the stay so same-sex couples could be protected from “needlessly suffering as a result of the unconstitutional laws,” they said in a legal brief.
On Friday, Garcia noted that the Texas plaintiffs will square off against the office of state Attorney General Greg Abbott, who is defending Texas’ ban, at a hearing before the 5th U.S. Circuit Court of Appeals in New Orleans on Jan. 9.
Garcia also emphasized that members of the New Orleans appellate court recently declined to let gay marriages begin in Mississippi, despite a similar ruling by a trial court judge there that a state ban is unconstitutional. Garcia noted the appellate judges in that case said a full examination of the dispute “is warranted before a disruption of a long standing status quo.”
Quoting the circuit judges, Garcia said avoiding confusion is important. He repeated his Feb. 26 prediction that the U.S. Supreme Court will ultimately decide the issue.
Garcia acknowledged that a delay would likely cause harm to gay couples, but his order also offered a measure of solace, saying the delay is likely to be temporary.
Some county clerks in the state, including in Dallas County, had already prepared to begin issuing marriage licenses immediately to same-sex couples if Garcia had ruled to lift the stay. But in Tarrant County, officials made it clear that they have no intention of doing so until and unless Texas law has changed.
“The day for finality and legal certainty in the long and difficult journey for equality is closer than ever before,” Garcia wrote, adding that he remains convinced that the U.S. Supreme Court will ultimately decide the issue.
Neel Lane, a lawyer for the plaintiff couples, said he hopes so.
“We are disappointed in the ruling, but are looking forward to our day in court before the 5th Circuit in January,” Lane said.
Phariss, a lawyer, said that although he understands Garcia’s logic, further delays are frustrating.
“Just like every straight couple in love, we simply want to marry each other,” he said of him and Holmes. They applied for a marriage license in San Antonio, and were rebuffed.
This report includes material from The Dallas Morning News and the Star-Telegram archives.
This story was originally published December 12, 2014 at 2:03 PM with the headline "Federal judge: No gay marriage in Texas, for now."