A Texas Federal judge has struck down the state's ban on same-sex marriage, ruling the ban is unconstitutional, the Los Angeles Times reported.
U.S. District Judge Orlando Garcia said prohibiting same-sex couples from marrying takes away their right to due process and equality under the law, while separating them from heterosexual couples.
"Today's court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent," Garcia said, the Los Angeles Times reported.
The landmark ruling will not immediately take effect. Garcia stayed his ruling in anticipation of appeals from state Republicans. One Texas attorney, General Greg Abbot, said he plans to appeal Garcia's ruling.
"This is an issue on which there are good, well-meaning people on both sides. And, as the lower court acknowledged today, it's an issue that will ultimately be resolved by a higher court," Abbot, who campaign's for the state's governor, said according to the Los Angeles Times.
"The U.S. Supreme Court has ruled over and over again that States have the authority to define and regulate marriage," Abbot continued. "The Texas constitution defines marriage as between one man and one woman. If the Fifth Circuit honors those precedents, then today's decision should be overturned and the Texas Constitution will be upheld."
Nevertheless, the two couples who originally filed the lawsuit against the marriage ban are celebrating Garcia's ruling.
"We are extremely happy, happy beyond words," Mark Phariss, a corporate lawyer, said in a statement with his partner Victor Holmes. Phariss, 54 and Holmes, 44, have been together for 17 years. They filed the lawsuit with Nicole Dimetman and Cleopatra De Leon, the Los Angeles Times reported.
Dimetman, an entrepreneur, and De Leon, a bio statistician, "remain hopeful that this matter will continue to move quickly through the courts" the Los Angeles Times reported.
