Another Texas Judge Rules Gay Marriage Ban Unconstitutional

While presiding over a divorce case between lesbians Allison Leona Flood Lesh and Kristi Lyn Lesh, San Antonio Judge Barbara Nellermoe ruled the Lone Star State's ban on same-sex marriages as unconstitutional. Said Nellermoe in her ruling:

Judge Nellermoe[I]n a well-reasoned opinion by Judge Orlando Garcia, the federal district court found that a state cannot do what the federal government cannot — that is, it cannot discriminate against same-sex couples.


By denying [gay] parents the right to marry, Texas has created a suspect classification of children who are denied equal protection of the law under the Fourteenth Amendment.

This makes her the third state district judge to rule the ban unconstitutional, and the dominoes keep falling.

However, Attorney General Greg Abbott, who plans to run for governor this year as Rick Perry's GOP successor and Democrat Wendy Davis' opponent, has claimed that he will intervene in the ruling.


  1. Patrick says

    Hooray for another enlightened Texas judge. Maybe one day , the nimrod repressive Texas republican party will join the 21st century. And NOT spend scarce tax money on a backward anti-marriage ban.

  2. TKinSC says

    Didn’t the federal judge stay his decision? If so, it’s not a state judge’s prerogative to ignore the stay.

    I really wish people would stop using the phrase “the dominoes keep falling”. The fact is, same-sex “marriage” is not currently legal in any state in contravention of state law. And the only domino that matters has 9 dots, 5 of which are named Alito, Kennedy, Robers, Scalia, and Thomas.

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