Travis County Probate Judge Holds Gay Marriage Ban Unconstitutional
Travis County Probate Judge Guy Herman ruled yesterday that the Texas ban on same-sex marriage was unconstitutional; however, the county will not yet issue marriage licenses to gay couples.
Herman made the ruling as part of an estate fight where Austin resident Sonemaly Phrasavath sought to have her eight-year relationship to Stella Powell deemed as a common law marriage. When Powell died intestate last summer, Travis County courts became involved in the battle over Powell’s estate between Phrasavath and two of Powell’s siblings.
Last year, a federal judge declared Texas’ same-sex marriage ban unconstitutional but stayed his own ruling. The case is now being considered by the U.S. 5th Circuit Court of Appeals.
See Wire Reports, Travis County Won’t Issue Same-Sex Marriage Licenses After Austin Judge Rules Texas’ Ban Unconstitutional, The Dallas Morning News, Feb. 17, 2015.