Friday, February 28, 2014
Federal judge calls Texas ban on same sex marriage unconstitutional.
A federal judge has struck down Texas' ban on gay marriage, but is leaving it in place pending a ruling by an appeals court later this year.
Judge Orlando Garcia issued a preliminary injunction on the ban Wednesday, then suspended his ruling. Two gay couples had challenged the state's constitutional amendment and a longstanding law banning gay marriage.
Under federal court rules, a judge may suspend a law if he or she believes the plaintiffs have a strong case and will suffer if the law is enforced.
Garcia said his injunction against Texas enforcing its ban will take effect once an appeals court has a chance to rule on the issue.
I think the tea leaves are indicating that the issue of gay marriage is headed to the Supreme Court.
I am not sure if we should view that as a good thing, or a terrible thing.
In my mind the Court would have no choice but to strike down a ban on gay marriage as unconstitutional, but then again my mind is not cluttered with the likes of Antonin Scalia, Clarence Thomas, or Samuel Alito.
Source
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