Somebody pass this note
to Pulaski Circuit Judge Chris Piazza
SAN ANTONIO — In a move that follows suit with a federal ruling issued in February, a state district judge has deemed Texas' restrictions on same-sex marriage unconstitutional — paving the way for a San Antonio couple's divorce proceedings and subsequent child custody battle to continue.
Judge Barbara Nellermoe, in a ruling released Tuesday, pinpointed three portions of the Texas Family Code as unconstitutional, as well as Section 32 of the Texas Constitution.
The Texas judge applied the equal protection clause of the U.S. Constitution. She said the state cannot do what the federal government cannot — discriminate against legally married couples. Its the third district court ruling in Texas on similar cases.
The equal protection argument has also been raised in state and federal lawsuits pending in Arkansas. A ruling is expected soon
from Pulaski Circuit Judge Chris Piazza
. The federal case has been filed, but not yet argued.