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San Antonio Judge Sets A Date For Motion To Halt Texas’ Same-Sex Marriage Ban

Courtesy photo
Mark Phariss (right) and his partner Vic Holmes (left), two of the main plaintiffs in the Texas case.

A federal lawsuit against Texas’ ban of same-sex marriage advanced a step this week as federal judge in San Antonio set a court date to hear why those same laws should be placed on hold while the case awaits a trial. 

The case against Texas’ laws banning same-sex marriage was filed by a gay couple from Plano and a lesbian couple living in San AntonioSan Antonio attorney Neel Lane represents the couples, and says from the very beginning they asked the judge to halt state laws against same-sex marriage while the case was being argued.  This week, San Antonio Federal District Judge Orlando Garcia set a date of February 12th to hear the reasoning the request for a preliminary injunction.

Lane says, “Setting a hearing on this kind of motion is by no means automatic. What we may believe from this development is that the judge looked at the papers and believed there’s a reason the hearing should go forward.”

Lane says since the case came to light, he has had dozens of same-sex couples requesting to become a plaintiff and join their lawsuit.

Lane says, “The plaintiffs are asking the federal court to enjoin the State of Texas from enforcing restrictions against same-sex marriage that deprive them from the same right that everyone else in the Texas to marriage.” 

He doesn’t expect the Attorney General’s office will introduce any new evidence that would sway the judge to rule against them.  He expects the decision regarding an injunction against Texas same-sex marriage laws will immediately be appealed and eventually will become one of seven cases sent to the U.S. Supreme Court.