The first shot has been fired against the amendment to the Texas Constitution defining marriage as between a man and a woman.
The suit was filed earlier this week by Domenico Nuckols of Galveston, who told KTRH he's ready for a legal fight.
“I’m challenging Rick Perry and Greg Abbott, who are shoving things down our throat that we don’t want,” Nuckols said.
The group Equality Texas believes Nuckols' lawsuit is the first one filed against the Texas Constitutional amendment since the Supreme Court's decision on the Defense of Marriage Act last week. Nuckols says there's a simple reason he filed.
“It’s about the benefits. You don’t get Social Security in a state that doesn’t recognize same sex marriages,” Nuckols explained. “I’ve been paying taxes since I was 14 years old. If I decide to get married in Connecticut and then move to Texas, why shouldn’t I have those rights?”
What are his chances of winning the suit? Nuckols, who is a retired nuclear engineer, is acting as his own lawyer, and legal analysts don't think he'll be able to win.
Nuckols was also asked why he didn’t simply move to a state that recognizes same sex marriage.
“I’m a Texan. I love Texas. I want to stay in Texas,” Nuckols stated.
The amendment defining marriage was passed by Texans in 2005.