Texas Attorney General Ken Paxton, a
Republican, has called a probate judge's ruling invalidating the
state's ban on gay marriage “misguided.”
On Tuesday, Travis County Probate Judge
Guy Herman struck down the ban as part of an estate fight.
Sonemaly Phrasavath of Austin asked
Herman to recognize her eight-year relationship to Stella Powell, who
died of cancer in June without a valid will, as a common-law
marriage.
(Related: Judge
declares Texas' gay marriage ban unconstitutional.)
Paxton asked the Texas Supreme Court to
stay the ruling as he pursues an appeal.
“The attorney general has filed for a
review of that decision in our court his morning,” Texas Supreme
Court Chief Justice Nathan Hecht told reporters on Wednesday.
Paxton called the ruling “misguided”
in a statement: “The probate judge's misguided ruling does not
change Texas law or allow the issuance of a marriage license to
anyone other than one man and one woman.”
Paxton is also involved in an appeal of
a federal judge's ruling which declared the ban unconstitutional
roughly a year ago. An appeals court heard oral arguments in that
case in January and a ruling is expected shortly.
(Related: 5th
Circuit hears arguments in cases challenging gay marriage bans in 3
states.)