A U.S. District Judge has ruled that Texas’ ban on same-sex marriage and the state’s refusal to recognize out-of-state same-sex marriages is unconstitutional. Judge Orlando Garcia cited the Supreme Court’s precedent and issued a preliminary injunction.

“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our U.S. Constitution,” he wrote. “These Texas laws deny plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex.”

Garcia issued a stay so the ban will remain in effect until an appeals court rules on the case.

Texas joins a growing list of states that have struck down same-sex marriage bans in the past 65 days, all of which are on hold and are awaiting a decision by the U.S. Supreme Court.

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