We Won A Thing: Judge Rules You Can’t Take The Same-Sex Marriage Out of Texas

Holy fuck, y’all! A federal judge in San Antonio says that banning homogays from marrying each other in my beloved home state of TEXAS is unconstitutional. I knew we were next!

U.S. Judge Orlando Garcia granted the two same-sex couples who filed the lawsuit an injunction that strikes down the state’s same-sex marriage ban, but stayed it from taking into effect — pending the outcome of any appeals to the conservative Fifth Circuit Court of Appeals.

“Texas’ current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason,” Judge Garcia said.  “Accordingly, the Court finds these laws are unconstitutional and hereby grants a preliminary injunction enjoining Defendants from enforcing Texas’ ban on same-sex marriage.”

Thank La Virgen that Judge Garcia rejected arguments from gubernatorial candidate and Attorney General Greg Abbott’s office (ugh, fuck that guy) which included arguments like “traditional marriage best supports the state’s interest in promoting responsible procreation and child rearing” and that “same-sex marriage is a recent innovation that cannot be seen as a fundamental right that must be protected by the courts.”

So this is one giant step in the right direction, but we can’t get married (if you wanted to, of course) just yet. Texas joins a few other states who were “stayed” including Utah, Oklahoma and Virginia in this big waiting room limbo to hear a decision be made from the appeals courts.

In the meantime, let’s take a moment to happy dance because omgossh TEXAS!


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Yvonne S. Marquez is a lesbian journalist and former Autostraddle senior editor living in Dallas, TX. She writes about social justice, politics, activism and other things dear to her queer Latina heart. Yvonne was born and raised in the Rio Grande Valley. Follow her on Instagram or Twitter. Read more of her work at yvonnesmarquez.com.

Yvonne has written 205 articles for us.


  1. I almost didn’t believe this when I first saw it this morning. Loving my home state so much more right now.

  2. I live in the liberal bubble of Austin, so sometimes I forget that Texas as a whole is, like, super conservative. How amazing would it be if we did this so much sooner than so many other states?! I’ve always enjoyed ironic plot twists…

  3. Man, when I first heard that Oklahoma did this I swore that Texas would soon follow suit (normally it is definitely the other way around). So happy for this step, and since I am moving back in the summer, quite happy to be going back to somewhere that is moving in the right direction.

  4. Aw, yisss! (I am a Dallas-ite) I had thought that it would be at least ten or fifteen years before anything like this happened, so I was completely, pleasantly shocked when my friend messaged me this afternoon. I taught my class immediately after I heard the news with red-rimmed eyes and a big grin on my face. My students did not know what to do with me, but it was still a good class. :) Before, I had planned to move out of state in order to *legally* start a family. So immensely satisfying to see the move will likely not be necessary!

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