A judge on Tuesday declared Texas' ban
on gay marriage unconstitutional.
Judge Barbara Nellermoe of the 45th
District Court ruled that she would recognize the 2010 Washington
D.C. marriage of two women – Kristi and Allison Flood Lesh – who
are seeking to divorce.
In reaching her decision, Nellermoe
noted a February decision by U.S. District Court Judge Orlando Garcia
striking down as unconstitutional an amendment overwhelmingly
approved by voters in 2005 which defines marriage as a heterosexual
union.
“In a well-reasoned opinion by Judge
Orlando Garcia,” Nellermoe wrote, “the federal district court
found that a state cannot do what the federal government cannot –
that is, it cannot discriminate against same-sex couples.”
Kristi Lesh gave birth to a child last
year and argues that she should retain full custody since Texas
doesn't recognize her marriage. Allison Flood Lesh is seeking
partial custody of the baby, the Dallas
Voice reported.
Judge Nellermoe has called for a
hearing.