Austin – The Texas ban on same-sex marriage was ruled unconstitutional by a Travis County judge on Feb. 17.
Travis County Probate Judge Guy Herman’s ruling is raising questions as to whether LGBT couples can begin marrying in the county. Travis County Clerk Dana DeBeauvoir said she is ready to being issuing same-sex marriage licenses as soon as the court allows it.
Last week, the U.S. Fifth Circuit Court of Appeal asked to lift the stay that was imposed last February on a federal judge’s ruling that the Texas ban on same-sex marriage was unconstitutional. The lawyers want to allow same-sex couples to begin marrying following the Supreme Court’s decision for same-sex marriage to proceed in Alabama after a federal judge’s ruling in that state.
According to the Austin American-Statesman, Texas Attorney General Ken Paxton cannot appeal the case.
The ruling stemmed from a lawsuit by an Austin woman who wanted to her eight-year marriage to her partner, who died of cancer, to be considered a common-law marriage.
