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Texas Ban on Gay Marriage in Jeopardy

Texas Ban on Gay Marriage in Jeopardy

This week's ruling by a federal judge who struck down Oklahoma's same-sex marriage ban may have a trickle down effect here in Texas.

Just like Oklahoma, the Lone Star State has a voter-approved ban on gay marriage.  That's why Chuck Smith at Equality Texas believes a similar court ruling is on the horizon here.

“It very well opens the possibility that within the next month, the case pending in San Antonio on this issue, we could likely have a similar outcome,” Smith tells KTRH News.

Smith believes the U.S. Supreme Court is on his side.

“While they didn't rule that there was a constitutional right to the freedom to marry, they did rule that passing laws that are born out of animosity based on sexual orientation are unconstitutional,” he says.

University of Houston law professor Aaron Bruhl says federal judges do have the power to overturn state constitutional amendments.

“If federal judges decide that the state law about marriage conflicts with the federal constitution, then the state law is invalid,” says Bruhl.

“The legal landscape is changing rapidly, so cases that wouldn't have seemed promising to bring challenges to these laws even five years ago, look much stronger now,” he says.

Bruhl says the issue is likely headed to the U.S. Supreme Court within the next two to three years.

 

 

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