It is a temporary victory for those Texans looking for marriage equality. A federal judge, after similar rulings in Oklahoma, Utah and Virginia, has ruled the ban on same sex marriage in Texas unconstitutional.

Because of the previous rulings, University of Houston law professor Aaron Bruhl told KTRH this ruling wasn’t a surprise at all.

“Most of the courts who have been dealing with issue in the last year have been ruling in favor in same sex marriage. It’s become a pretty strong pattern,” Bruhl said.

But he also said Judge Garcia left the ban in place until higher courts sort it out in an appeal.

“This ruling does not go into effect immediately,” Bruhl stated.


And appealing is exactly what Attorney General Greg Abbott says he will do.


"This is an issue on which there are good, well-meaning people on both sides," Abbott said in a statement. "The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage."


Governor Rick Perry also reacted angrily to the decision, accusing Garcia of disregarding the will of the people by overturning a voter-approved constitutional amendment.

"The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box," Perry said.

Jonathan Saenz of Texas Values told Matt Patrick on KPRC 950 that he's outraged.

“This ruling is the most egregious form of judicial activism of our generation. This is a hollow victory. This a clear attack on morality and the rule of law. It’s not going to stand in Texas,” Saenz explained.

“People know what we’re about in Texas. This is just the beginning of an epic battle on marriage that the people of Texas will ultimately win,” Saenz stated.

But Maverick Welsh of the Houston GLBT Political Caucus says that times are changing, and his political opponents should get used to it.

“Sixty-nine percent of Texas voters believe there should be some form of legal recognition for same sex couples. This ruling strikes a chord for fairness,” Welsh explained.