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Texas files notice to appeal same-sex marriage ruling

Thursday, February 27, 2014
Jerry Lara, APPlaintiffs (from left) Cleopatra De Leon and Nicole Dimetman, and Mark Phariss and Victor Holmes, give a news conference in San Antonio on Wednesday, Feb. 26, 2014 after U.S. Federal Judge Orlando Garcia declared a same-sex marriage ban in deeply conservative Texas unconstitutional.

Jerry Lara, AP
Plaintiffs (from left) Cleopatra De Leon and Nicole Dimetman, and Mark Phariss and Victor Holmes, give a news conference in San Antonio on Wednesday, Feb. 26, 2014 after U.S. Federal Judge Orlando Garcia declared a same-sex marriage ban in deeply conservative Texas unconstitutional.

AUSTIN, Texas — The state of Texas filed official notice Thursday that it plans to appeal a federal judge’s decision to lift the state’s ban on gay marriage.

The one-paragraph notice contained no argument but formally signals that Attorney General Greg Abbott intends to challenge the ruling by San Antonio-based Judge Orlando Garcia. On Wednesday, Garcia issued a preliminary injunction against the ban – only to suspend his own ruling to allow the state to appeal.

Two same-sex couples have challenged Texas’ constitutional amendment and a longstanding law prohibiting same-sex marriage.

Garcia said states don’t have the power to deny people the fundamental right to marry and enjoy its benefits.

His ruling added to a tangled web of decisions, state laws and legal opinions across the country that is expected to eventually end up before the U.S. Supreme Court. There are civil rights lawsuits in 24 states asking courts to overturn state gay ma rriage bans, and gay rights groups have won recent victories in other conservative states, including Utah and Oklahoma.

U.S. Attorney General Eric Holder said this week that state attorneys general were not obligated to defend local laws if they believed the laws violated the U.S. Constitution. Democratic attorneys general in at least six states have declined to defend same-sex marriage bans that have been challenged in court by gay couples.

That’s not the case in Texas.

Abbott spokeswoman Lauren Bean said Thursday’s notice was filed in district court, which will then send the case record to the 5th U.S. Court of Appeals in New Orleans.

She added, “The next thing we’ll file will be our brief in the 5th Circuit, which won’t happen for another month or two.”

Abbott is the leading candidate to replace Republican Gov. Rick Perry but has taken a conciliatory tone after Garcia’s ruling. He said Wednesday that “there are good, well-meaning people on bo th sides” of the same-sex marriage debate, while also insisting that states have the right to set their own marriage laws.

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111 more reader comments:

  1. “Abbott is the top Republican candidate for governor.” Of course he is.

    Posted on Thursday, February 27, 2014 at 10:48pm
  2. And the battle begins!
    I’m so ready to see what happens when Louisiana tries this

    Posted on Thursday, February 27, 2014 at 10:49pm
  3. may pigysh will have a stroke

    Replied on Thursday, February 27, 2014 at 10:53pm
  4. Few folks care; his lame duck ass is on the way out. May he take people out with him.

    Replied on Thursday, February 27, 2014 at 11:27pm
  5. Small problem: Vitter is (at this point) almost guaranteed to get in, as Jindal goes out.

    Replied on Friday, February 28, 2014 at 3:20am
  6. What happened today in Kentucky was awesome!

    Posted on Thursday, February 27, 2014 at 10:51pm
  7. What happened in KY?

    Replied on Thursday, February 27, 2014 at 11:42pm
  8. They recognize same-sex marriages now.

    Replied on Friday, February 28, 2014 at 1:37am
  9. Well, out of state marriages. Kentuckians still cannot themselves get married in their state.

    Replied on Friday, February 28, 2014 at 3:20am
  10. They will be, thats up next Freddie

    Replied on Friday, February 28, 2014 at 8:31am
  11. really?

    Posted on Thursday, February 27, 2014 at 10:51pm
  12. Abbot is going to get pounced by Democrat Wendy Davis, she is going to roll with this and he’s going to go home and perform his own GOP autopsy on what happens in November.

    Posted on Thursday, February 27, 2014 at 10:52pm
  13. lmao

    Replied on Thursday, February 27, 2014 at 11:01pm
  14. We will have the same probelms as Texas has since we have so many close minded people in office

    Posted on Thursday, February 27, 2014 at 10:52pm
  15. I guess not all Texans are homophobic.

    Posted on Thursday, February 27, 2014 at 10:52pm
  16. obviously lol o.O?

    Replied on Thursday, February 27, 2014 at 11:01pm
  17. Bring it on, rednecks.

    Posted on Thursday, February 27, 2014 at 10:53pm
  18. I would have said bring it on bitches

    Replied on Friday, February 28, 2014 at 7:27am
  19. My first draft said "sluts."

    Replied on Friday, February 28, 2014 at 2:31pm
  20. I’m so glad that this is finally happening

    Posted on Thursday, February 27, 2014 at 10:58pm
  21. Good luck assholes.

    Posted on Thursday, February 27, 2014 at 10:58pm
  22. wut?

    Replied on Thursday, February 27, 2014 at 11:02pm
  23. Did anyone really expect those pr*cks to be good losers? Of course not. They have to waste taxpayer dollars on something they will ultimately lose. Not to mention keeping good people from having the same rights and benefits they are now enjoying themselves. Shameful.

    Posted on Thursday, February 27, 2014 at 10:59pm
  24. …because it worked so well against sodomy?

    Posted on Thursday, February 27, 2014 at 11:00pm
  25. I can not stand that Greg Abbott is from Texas. I will love to rub equality in his and and that TOOL Rick Perry.

    Posted on Thursday, February 27, 2014 at 11:00pm
  26. Posted on Thursday, February 27, 2014 at 11:01pm
  27. This is the death rattle of the evangelical movement. please just die and let the world move on. we don’t need your bigotry kthkxbai

    Posted on Thursday, February 27, 2014 at 11:01pm
  28. I think Perry said Gay Marriage in Texas “over MY DEAD body” please get this through quickly….

    Posted on Thursday, February 27, 2014 at 11:05pm
  29. All for show :(

    Posted on Thursday, February 27, 2014 at 11:08pm
  30. Dingballz

    Posted on Thursday, February 27, 2014 at 11:09pm
  31. Please do. The Supremes not of the Diana Ross variety will then be put to yet another test.

    Posted on Thursday, February 27, 2014 at 11:09pm
  32. I knew it was coming. If it’s a battle they want, they will surely get it.

    Posted on Thursday, February 27, 2014 at 11:09pm
  33. More wasting of tax payer dollars. I’m telling you…the federal government is eventually going to step in and just put an end to all this shit

    Posted on Thursday, February 27, 2014 at 11:11pm
  34. Figures.

    Posted on Thursday, February 27, 2014 at 11:11pm
  35. And surprised by this why?

    Posted on Thursday, February 27, 2014 at 11:12pm
  36. get the work done texas!!

    Posted on Thursday, February 27, 2014 at 11:13pm
  37. they dont have a leg to stand on to defend the ban they have no valid reason to have the ban

    Posted on Thursday, February 27, 2014 at 11:13pm
  38. love it

    Posted on Thursday, February 27, 2014 at 11:15pm
  39. James Crowe, please tell me you’re not one of the teabaggers?!

    Posted on Thursday, February 27, 2014 at 11:17pm
  40. Idiots

    Posted on Thursday, February 27, 2014 at 11:17pm
  41. I’m sooo tired of politics!!!

    Posted on Thursday, February 27, 2014 at 11:17pm
  42. Oh please, bring it higher, and make it a supreme court ruling. That way we won’t need to argue about human rights anymore.

    Posted on Thursday, February 27, 2014 at 11:18pm
  43. vote these people out 2014 and 2016

    Posted on Thursday, February 27, 2014 at 11:19pm
  44. Good luck with that. More tax dollars poured down a Teapublican lawyer rat hole.

    Posted on Thursday, February 27, 2014 at 11:20pm
  45. BIG surprise.

    Posted on Thursday, February 27, 2014 at 11:21pm
  46. With all the problems we have here in Texas, Abbott and his cronies are going to waste even more tax payers dollars on fighting a losing battle. I am at the point that if their laws don’t include me then they simply do not apply to me. Tired of fighting the bigorey!

    Posted on Thursday, February 27, 2014 at 11:26pm
  47. Of course they did.

    Posted on Thursday, February 27, 2014 at 11:26pm
  48. let this shit go up to supreme court they’ll dismiss this case faster than they can blink.

    Posted on Thursday, February 27, 2014 at 11:27pm
  49. Go ahead and waste state funds! You’re going to lose eventually!

    Posted on Thursday, February 27, 2014 at 11:30pm
  50. With Rick Perry as Govenor does this really come as a surprise to anyone? And while I am tired of all this politics too you have to fight for your rights unless you want to remain second class citizens

    Posted on Thursday, February 27, 2014 at 11:30pm
  51. 2 films done both star transgender candid cayne https://www.facebook.com/photo.php?fbid=631524210229074&l=555082cce5

    Posted on Thursday, February 27, 2014 at 11:32pm
  52. Greg Abbott is more concerned about my personal life than he is about Texas children living in poverty and receiving zero education.

    Posted on Thursday, February 27, 2014 at 11:33pm
  53. Appeal all you want, take it to the supreme court. Waste your taxpayers dollars, you will still lose.

    Posted on Thursday, February 27, 2014 at 11:38pm
  54. they are just going through the political motions to please the far right extremist who still don’t realize we live in a Republic where peoples rights are not up for the majority to vote on but are guaranteed under the constitution. the same one that protects their rights from some other majority . not to mention that separation of church and state actually protects religious freedoms and the freedom of religion . for those majority’s are like the weather they shift and change . they need to learn to respect , appreciate and understand the basic principles our founding fathers gave us when they formed this Republic Nation that guarantees equality for all not for just those that believe like you but all . we have the greatest constitution and bill of rights in this world . because we all can choose our religion or choose not to follow a religion and be treated equally under the law regardless . we all have to be respectful and learn to understand people are different as religions are different none are less valuable or better than the other but equal under the eyes of the law. we all are Americans show respect and dignity even to those whom we may not agree with it is the right thing to do.

    Posted on Thursday, February 27, 2014 at 11:39pm
  55. Give it up

    Posted on Thursday, February 27, 2014 at 11:40pm
  56. Good just keep on wasting that money I’m sure it grows on trees in Texas lol idiots

    Posted on Thursday, February 27, 2014 at 11:42pm
  57. Another dumb a*s backwards state

    Posted on Thursday, February 27, 2014 at 11:42pm
  58. Just like here in Arizona!

    Replied on Friday, February 28, 2014 at 12:35am
  59. Big surprise there. They will make fools of themselves over this just like they did with the ACA.

    Posted on Thursday, February 27, 2014 at 11:47pm
  60. Close Minded assholes

    Posted on Thursday, February 27, 2014 at 11:51pm
  61. Of course they did.

    Posted on Thursday, February 27, 2014 at 11:54pm
  62. I think all the large companies in Texas should say they r gonna pull out of the state and then let’s see how long Texas will survive

    Posted on Thursday, February 27, 2014 at 11:54pm
  63. Totally pointless

    Posted on Thursday, February 27, 2014 at 11:58pm
  64. And the fight for equality in Texas begins.

    Posted on Friday, February 28, 2014 at 12:03am
  65. Top republican candidate for mayor. Color me so very shocked…

    Posted on Friday, February 28, 2014 at 12:03am
  66. Wankers

    Posted on Friday, February 28, 2014 at 12:06am
  67. #teamWendy lmao

    Posted on Friday, February 28, 2014 at 12:09am
  68. Way to go AbBOTT of the Tea Party: “Must Fol-low the Right Wing at all cos-ts. . .”

    Posted on Friday, February 28, 2014 at 12:10am
  69. Come on Texas LGBT Community, it’s time to muster your influence and take back your rights.

    Posted on Friday, February 28, 2014 at 12:23am
  70. No surprise

    Posted on Friday, February 28, 2014 at 12:23am
  71. The state with the most assholes.

    Posted on Friday, February 28, 2014 at 12:25am
  72. a waste of taxpayer money

    Posted on Friday, February 28, 2014 at 12:28am
  73. Well, if you’re not going to let LGBT’s to get married, then why do you want their tax money, their votes, their money spent at your stores.. If they can’t have equal rights, then stop taking their money!!!!

    Posted on Friday, February 28, 2014 at 12:29am
  74. senseless !

    Posted on Friday, February 28, 2014 at 12:39am
  75. Bring it bitches. You can’t get rid of the 14th Amendment.

    Posted on Friday, February 28, 2014 at 12:39am
  76. We all knew this was coming and it will end up the same as the other times things like this were tried. The appeal will fail. You’d think by now they’d see the pattern. The law or bill is instated, the bad guys appeal and they lose. Do they seriously think it’s going to have a different outcome? If they do they’re stupder then shit.

    Posted on Friday, February 28, 2014 at 12:48am
  77. You can try…. O appeals have yet to be overturned

    Posted on Friday, February 28, 2014 at 1:04am
  78. ban hate

    Posted on Friday, February 28, 2014 at 1:10am
  79. Oh gee, sprinkle the fairy dust and color me surprised. Sigh.

    Posted on Friday, February 28, 2014 at 1:18am
  80. OF COURSE, they are….!!@#!?¿?

    Posted on Friday, February 28, 2014 at 1:28am
  81. ** face, in palms….***

    Posted on Friday, February 28, 2014 at 1:29am
  82. Doubt it will get overturned. There is finally enough steam to undo the archaic crap Texas has gotten away with passing. I would love to be able to marry my significant other…whether it’s straight or otherwise.

    Get Perry off his damn high horse and put someone in office who runs the office as their supposed to, not through just pure religion. Yes, I applaud those who don’t stray but it’s evident this state wants one thing and the governor is making sure it will never happen.

    Posted on Friday, February 28, 2014 at 1:48am
  83. Bigots be panicking…

    Posted on Friday, February 28, 2014 at 2:09am
  84. Did We Not think TeXas would appeal their Ignorance & Bigotry? Absolutely “GOD” told them to. Sadly they don’t realiZe God doesn’t HATE, It is themselves that Hate! God is LoVe.

    Posted on Friday, February 28, 2014 at 2:12am
  85. Of course they do, duh, it’s Texass

    Posted on Friday, February 28, 2014 at 2:26am
  86. Big surprise Texas.

    Posted on Friday, February 28, 2014 at 2:43am
  87. No one is shocked im sure

    Posted on Friday, February 28, 2014 at 2:46am
  88. Fuck Texas!

    Posted on Friday, February 28, 2014 at 2:53am
  89. just what you would expect religious hypcrites to do.

    Posted on Friday, February 28, 2014 at 3:05am
  90. Great

    Posted on Friday, February 28, 2014 at 3:29am
  91. I wonder when taxpayers will demand their hard earned dollars no longer be used by Republican legislators to go to court to take away the constitutional civil rights of gays/lesbians and their families. If everyone votes straight line Democrat in November, this insanity will end.

    Posted on Friday, February 28, 2014 at 3:51am
  92. Not surprised.

    Posted on Friday, February 28, 2014 at 3:57am
  93. And they shall fail! Equality is coming slowly but surely ♥

    Posted on Friday, February 28, 2014 at 4:22am
  94. When do we get to vote on your marriage, assholes?

    Posted on Friday, February 28, 2014 at 4:27am
  95. How about they find something better to concentrate on and leave ut as is?

    Posted on Friday, February 28, 2014 at 4:38am
  96. And soon, TX will fall like the rest. If they lose, I’m guessing the governor will threaten to secede yet again.

    Posted on Friday, February 28, 2014 at 5:26am
  97. Waste of time and money

    Posted on Friday, February 28, 2014 at 5:41am
  98. IT’S ABOUT TIME!!!

    Posted on Friday, February 28, 2014 at 5:48am
  99. Go away Texas

    Posted on Friday, February 28, 2014 at 5:59am
  100. Does this mean Texas wants to be the signature case in the 50-state SCOTUS strike-down????

    Posted on Friday, February 28, 2014 at 6:03am
  101. Waste of money, all show.

    Posted on Friday, February 28, 2014 at 6:13am
  102. Lesbians ADD ME :)

    Posted on Friday, February 28, 2014 at 6:25am
  103. And you will lose to the Rebellion, Darth Vader.

    Posted on Friday, February 28, 2014 at 6:27am
  104. haters are disgusting human beings that are trash

    Posted on Friday, February 28, 2014 at 6:56am
  105. Republicans in Texas are the biggest gay haters.

    Posted on Friday, February 28, 2014 at 7:02am
  106. Of course an appeal is in order but I really hope that the courts will soon decide that gay marriage is allowed in every state.

    Posted on Friday, February 28, 2014 at 7:37am
  107. DO WHAT YOU WANT AND WASTE MONEY< CAUSE YOU GONNA LOSE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Posted on Friday, February 28, 2014 at 10:12am
  108. Texas is just a bad sandwich. You just want it to pull out and leave.

    Posted on Friday, February 28, 2014 at 10:40am
  109. Oh surprises !

    Posted on Friday, February 28, 2014 at 11:29am
  110. Want stand in federal court have they not heard idiots

    Posted on Friday, February 28, 2014 at 12:49pm
  111. The ban is unconstitutional. If they want it to be law, leave the United States and create your own bigoted country like Uganda or Nigeria.

    Posted on Friday, February 28, 2014 at 12:58pm