Texas State District Judge Barbara Nellermoe has rejected a motion from Attorney General Greg Abbott to intervene in a divorce and child custody case involving a gay couple. Nellermoe became the third Texas judge to declare the state's ban on gay marriage unconstitutional when she ruled in late April.
The Texas Attorney General's office argued Wednesday before State District Judge Barbara Nellermoe that it has an interest in defending Texas' ban on same-sex marriages.
Nellermoe refused to allow the state to intervene in the case. She previously ruled Texas restrictions on same-sex marriage are unconstitutional.
The San Antonio Express-News reports state attorneys have said they'll appeal the decision.