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The Source: Legal Window May Allow Bexar County To Marry Same-Sex Couples

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As the constitutionality of Texas' ban on same-sex marriage sits before the 5th Circuit Court of Appeals, the ability for gay couples to marry may become a reality soon in Bexar County. 

San Antonio Federal District Court Judge Orlando Garcia struck down the ban on same-sex marriage in February. However Texas Attorney General Greg Abbott filed an appeal and stay immediately. Now, Judge Garcia has the opportunity to lift the ban, which Texas Public Radio has learned, will be before the December holidays. 

While lifting the ban might make same-sex unions legal in Texas until the 5th Circuit rules, the ability to have an application for a marriage license processed will still be in legal limbo. The discretion to allow a gay couple to marry will largely fall on county clerks across the state. 

Republican Bexar County Clerk, Gerard Rickhoff, has said his office will work tirelessly to process any license applications that come in, but this stands in stark contrast to both his party and many other county clerks. Harris and Tarrant Counties have said they will continue to defer to the Texas Attorney General's office until the case is resolved.

Will Bexar County become a destination for same-sex couples looking to get hitched?

Guest:

  • Gerard Rickhoff, Bexar County Clerk
Paul Flahive can be reached at Paul@tpr.org and on Twitter at @paulflahive