Texas state judge strikes down same-sex marriage curbs | Arkansas Blog

Thursday, April 24, 2014

Texas state judge strikes down same-sex marriage curbs

Posted By on Thu, Apr 24, 2014 at 9:24 AM

Somebody pass this note to Pulaski Circuit Judge Chris Piazza.

SAN ANTONIO — In a move that follows suit with a federal ruling issued in February, a state district judge has deemed Texas' restrictions on same-sex marriage unconstitutional — paving the way for a San Antonio couple's divorce proceedings and subsequent child custody battle to continue.

Judge Barbara Nellermoe, in a ruling released Tuesday, pinpointed three portions of the Texas Family Code as unconstitutional, as well as Section 32 of the Texas Constitution.

The Texas judge applied the equal protection clause of the U.S. Constitution. She said the state cannot do what the federal government cannot — discriminate against legally married couples. Its the third district court ruling in Texas on similar cases.

The equal protection argument has also been raised in state and federal lawsuits pending in Arkansas. A ruling is expected soon from Pulaski Circuit Judge Chris Piazza. The federal case has been filed, but not yet argued.

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