Texas files notice of appeal in marriage equality case

Gov. Rick Perry and Attorney General Greg Abbott wasted no time appealing Wednesday's equal marriage ruling

Topics: Texas, Gay Marriage, equal marriage, Marriage equality, Gay Rights, lgbtq rights, Rick Perry, Greg Abbott, , ,

Texas files notice of appeal in marriage equality case Texas Governor Rick Perry (Credit: John Gress / Reuters)

Following in the footsteps of Republican lawmakers in Utah and Oklahoma, Texas Gov. Rick Perry and Attorney General (and Republican gubernatorial candidate) Greg Abbott have filed a notice of appeal against a Wednesday court ruling declaring the state’s ban on marriage equality unconstitutional.

As reported by the San Antonio Express-News, Perry and Abbott are named as defendants in the appeal asking for a preliminary injunction against the ruling.

Perry announced his intent to appeal immediately following the Wednesday ruling. “Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our Constitution, and it is not the role of the federal government to overturn the will of our citizens,” he said in a statement. “The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn’t be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state.”

U.S. District Judge Orlando Garcia declared Texas’ ban on equal marriage and the state’s refusal to recognize the unions of gay couples married in other states to be unconstitutional. In his ruling, Garcia argued that both bans violate the equal protection and due process clauses of the 14th Amendment.

More to come as the story develops.

 

Katie McDonough is Salon's politics writer, focusing on gender, sexuality and reproductive justice. Follow her on Twitter @kmcdonovgh or email her at kmcdonough@salon.com.

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