Texas court of appeals to hear arguments over same-sex marriage ban

HOUSTON – This week could pave the way for big changes in the way Texas handles same-sex marriage.

A court of appeals is scheduled to hear arguments over a ban that prevents same-sex couples from getting married.

It's a case that's getting nationwide attention.

A three judge panel will hear arguments on both sides of this on Friday.The hearing is among dozens of challenges to same-sex marriage nationwide that have come up after the U.S. Supreme Court struck down part of the federal Defense of Marriage Act.

Many of the cases have sped right through the judicial system with the Texas case among the last to be heard.

Here in Texas, there is a constitutional ban on same-sex marriage.

A San Antonio federal judge has already found Texas's ban to be unconstitutional, ruling that it "violates equal protection and due process rights."

Now it's in the hands of the conservative Fifth Circuit Court of Appeals.

"Texas may be the last soldier standing on this, and there are issues. On one side there seems to be blatant discrimination…On the other side you've got something called 10th amendment states' rights," KHOU 11 News legal expert Gerald Treece said.

Treece says historically states have always had the last say on family law, but he also believes that time is not on the side of Texas when it comes to gay marriage.

Gay rights advocates have publicly said that that they believe the Fifth Circuit Court will rule in their favor.

Conservative activists disagree and believe the court will side with the beliefs of Texas voters.


JOIN THE CONVERSATION

To find out more about Facebook commenting please read the
Conversation Guidelines and FAQs

Leave a Comment