The Huffington Post is reporting that a Texas probate judge ruled Tuesday that the state's ban on gay marriage is unconstitutional. The ruling, however, has not resulted in the issuing of marriage licenses to same-sex couples, according to the Los Angeles Times.
In his ruling, Travis County Probate Judge Guy Herman wrote that Texas' ban on same-sex marriage "violate[s] the due process clause and the equal protection clause of the 14th Amendment to the United States Constitution."
HuffPo reports the ruling was part of an estate battle where a woman from Austin sought to have her eight-year relationship with a woman, who died of cancer last year, recognized as a common-law marriage.
According to the Austin-American Statesman, the state's attorney general cannot appeal the ruling because he is not a party in the case. It is up to the deceased woman's the siblings to decided whether they will appeal.
While Travis County Clerk Dana DeBeauvoir lauded the ruling, she has yet to issue marriage licenses to same-sex couples because the ruling did not tell her to do so and because the county attorney's office "is examining the order as well as the status of the current federal litigation related to marriage equality at the 5th Circuit and in the Supreme Court," according to the LA Times.
A federal judge ruled a year ago that Texas' gay marriage ban was unconstitutional, but issued a stay, predicting that the ruling would be appealed.
The U.S. 5th Circuit Court of Appeals heard the appeal last month.
From our media partner EDGE