Attorney Challenging Texas Same Sex Marriage Laws, Files Motion To Lift Ban
A San Antonio attorney representing two same-sex couples is asking a federal district judge to join other federal district and appellate courts in lifting the ban on gay marriage in Texas. Part of the original order striking down the ban on the same sex marriage ban in Texas never actually lifted the ban.
The motion, filed by attorney Neel Lane, asked San Antonio Federal District Judge Orlando Garcia to lift the stay. The interesting part is that while Judge Garcia’s judicial order allows the ban on same sex marriage to remain in place, he had also ruled that the ban was unconstitutional.
“But at the same time, he said I’m staying this order, the impact of this order, until the 5th Circuit Court appeal is concluded. So right now, the 5th Circuit is considering an appeal, but it is Judge Garcia’s stay order that prevents marriages from proceeding immediately,” said Lane.
In his motion before the federal district court, Lane emphasized a case in Utah, where the U.S. Supreme Court allowed same-sex marriages to be performed during the course of the constitutional challenge, which eventually resulted in that state’s appellate court ruling against the ban.
“Here’s the situation that’s a little ironic; the Texas case was stayed based on the Utah case being stayed, but today, in Utah, people of the same sex can get married if they want to. In Texas they still can’t,” Lane explained.
Lane is hoping that Judge Garcia will hear their motion and have a decision before the start of the December holidays. Oral arguments before the 5th Circuit regarding the constitutionality of the law will begin Jan 13.