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He ruled that the state has "failed to identify any rational, much less a compelling, reason that is served by denying same-sex couples the fundamental right to marry".
Attorney General Greg Abbott said the state would appeal the decision.
On October 2, 2009, the district court ruled, in the case of In Re Marriage of J. In Austin, another same-sex couple married in Massachusetts filed for divorce, and the district court actually granted the divorce before the Attorney General could intervene.
The Attorney General appealed that decision too, but on January 7, 2011, the Third Court of Appeals in Austin, in the case of Texas v.
She also set a May 29 custody hearing in San Antonio for the fight between the couple over custody of their daughter. that, to the extent Texas laws purported to prevent two men who were legally married in Massachusetts from getting a divorce in Texas, those laws were unconstitutional.
In 2009, a same-sex couple that had married in Massachusetts filed for divorce in Dallas, but before the district court could grant the divorce the Texas Attorney General intervened and challenged the court's jurisdiction to do so. The Texas Attorney General appealed and on August 31, 2010, the Fifth Court of Appeals reversed the lower court, ruling that the same-sex marriage ban does not violate the Equal Protection Clause of the Fourteenth Amendment.
From June 2015 to June 2016, 248 same-sex couples wed in El Paso County.
Two days later, State District Judge David Wahlberg ordered the Travis County clerk to issue a marriage license to two women, Sarah Goodfriend and Suzanne Bryant, citing the severe illness of one of them. This accounted for about 6% of all issued marriage licenses in the state.
Kelly Shackleford, the president of the Free Market Foundation and a supporter of the amendment, said, "The words clearly recognize marriage in Texas as between a man and a woman...." and do not ban marriage in general.
In November 2013, a lesbian couple married in Massachusetts and an unmarried same-sex couple challenged the state's same-sex marriage ban. Perry, was assigned to Federal District Judge Orlando Garcia.
Attorney General Ken Paxton issued an opinion supporting officials who refused to grant marriage licenses in defiance of the Obergefell ruling.
In one or more counties, local officials or judges refused to marry same-sex couples on religious grounds.
As of June 20, 2017, Irion County is the only holdout in Texas.