Texas

TexasTowelie

(112,387 posts) Tue Feb 17, 2015, 05:45 PM Feb 2015

Travis County judge rules gay-marriage ban unconstitutional

Travis County Probate Judge Guy Herman ruled Tuesday that the Texas ban on same-sex marriage was unconstitutional, raising questions about whether gay couples can begin marrying in the county.

Herman ruled as part of an estate fight in which Austin resident Sonemaly Phrasavath sought to have her eight-year relationship to Stella Powell deemed to have been a common-law marriage. Powell died last summer of colon cancer.

A call is out to Travis County Clerk Dana DeBeauvoir to determine her plans in light of the ruling. DeBeauvoir has said in the past that she is ready to begin distributing marriage licenses to same-sex couples as soon as allowed by the courts.

The lawyer for the siblings who opposed Phrasavath’s claim said no decision has been made on whether to appeal.

Read more: http://www.statesman.com/news/news/travis-judge-rules-gay-marriage-ban-unconstitution/nkC2C/

4 replies

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Travis County judge rules gay-marriage ban unconstitutional (Original Post) TexasTowelie Feb 2015 OP

This will be an interesting case to follow Gothmog Feb 2015 #1

Is Travis County Probate Court a Court of Record? Downwinder Feb 2015 #2

It is a statutory court Gothmog Feb 2015 #3

I noticed that Guy Herman is an Atty. The Probate Judge here is the Downwinder Feb 2015 #4

Gothmog

(145,496 posts)

1. This will be an interesting case to follow

Reply to TexasTowelie (Original post)

Tue Feb 17, 2015, 05:56 PM

Feb 2015

The court made this decision on the basis of the Texas constitution which contains an express ban on gay marriage. The case under the US Constitution is probably much stronger

Downwinder

(12,869 posts)

2. Is Travis County Probate Court a Court of Record?

Reply to Gothmog (Reply #1)

Tue Feb 17, 2015, 06:00 PM

Feb 2015

Gothmog

(145,496 posts)

3. It is a statutory court

Reply to Downwinder (Reply #2)

Wed Feb 18, 2015, 12:39 PM

Feb 2015

Probate courts are just the same as other district courts but limited to probate matters. This issue was before the court and the ruling is effective unless stayed by the appellant courts

Downwinder

(12,869 posts)

4. I noticed that Guy Herman is an Atty. The Probate Judge here is the

Reply to Gothmog (Reply #3)

Wed Feb 18, 2015, 08:28 PM

Feb 2015

County Judge, no legal background. Herman's decision may hold up.

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