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Federal Judge Strikes Down Texas Gay Marriage Ban

A federal judge has struck down Texas' ban on gay marriage, but is leaving it in place pending a ruling by an appeals court later this year.

Staff Report
The Associated Press

AUSTIN, Texas (AP) - A federal judge has struck down Texas' ban on gay marriage, but is leaving it in place pending a ruling by an appeals court later this year.

Judge Orlando Garcia issued a preliminary injunction on the ban Wednesday, then suspended his ruling. Two gay couples had challenged the state's constitutional amendment and a longstanding law banning gay marriage.

Under federal court rules, a judge may suspend a law if he or she believes the plaintiffs have a strong case and will suffer if the law is enforced.

Garcia said his injunction against Texas enforcing its ban will take effect once an appeals court has a chance to rule on the issue.

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