Texas Judge Rules Same-Sex Marriage Ban Unconstitutional

A Texas probate judge struck down the state's same-sex marriage ban Tuesday, possibly clearing the way for gay couples to legally wed.

Texas Judge Rules Same-Sex Marriage Ban Unconstitutional
Getty Images / David McNew

A Texas judge struck down the state's same-sex marriage ban Tuesday, a decision that could clear the way for same-sex marriages in the Lone Star state.

The decision came from Travis County Probate Judge Guy Herman, who ruled as part of an estate case. The case involves an Austin woman looking to get her eight-year relationship with her late partner recognized as a common-law marriage. (Video via KXAN

"We were actually in the process of planning to have a family," said Sonemaly Phrasavath, the woman seeking to get her marriage recognized. 

It's hard to say what sort of effect this will have on same-sex unions in Texas, but an Austin American-Statesman reporter says the Travis County clerk's office will not issue marriage licenses, for now. 

This decision comes after a federal judge in Mobile, Alabama, ruled the state's same-sex marriage ban was unconstitutional. Now, judges across the state are arguing if same-sex marriage licenses should be issued. (Video via WIAT

Currently, 37 states and Washington, D.C., allow same-sex marriages. 

This video includes images from Getty Images.