Texas probate judge rules on state ban on gay marriage

Austin, Texas (AP) — Travis County says it won't begin issuing same-sex marriage licenses, despite a county probate judge's ruling that declared the Texas ban on gay marriage unconstitutional.

Probate Judge Guy Herman found the marriage ban unconstitutional Tuesday while ruling as part of an Austin estate dispute.

In a statement, Travis County Clerk Dana DeBeauvoir called Herman's order "a great step toward marriage equality," but added that the judge didn't instruct the county clerk to "begin to issue marriage licenses to same-sex couples." DeBeauvoir said, therefore, she won't do so "at the present time."

Last year, a federal judge declared Texas' same-sex marriage ban unconstitutional but stayed his own ruling pending appeal. The case is now being considered by a panel of the New Orleans-based U.S. 5th Circuit Court of Appeals.

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The Gayly – February 18, 2015 @ 8:45am.