Two same-sex couples from Texas are waiting for a decision on a temporary injunction filed in federal court against the Texas laws that ban same-sex marriage. The case in Texas is just one part of seven cases in other states with the goal of having the U.S. Supreme Court resolve the issue.
"State after state is now recognizing the right of people to enter into same-sex marriage and that is the undeniable arc of civil rights in this country," said San Antonio attorney Neel Lane, who represents the two couples. "Right now we are moving for preliminary injunction, asking the court to enjoin in the state from enforcing these laws against marriage equality."
Lane said if the judge enters an injunction, that decision can be immediately appealed to the FifthCircuit Court of Appeals.
Lane said they have the burden of proof, but in the long run his clients, as well as every other same-sex couple in the nation, will have the right to marry.
"In those states where this right has not been recognized there are a number of lawsuits pending," Lane said.
Lane said much like the other controversial lawsuits challenging Texas laws, they are looking ahead to fight in the U.S. Fifth Circuit Court of Appeals and eventually before the U.S. Supreme Court, where they will join plaintiffs from seven other states challenging same-sex marriage laws.
Lane said he expects Federal District Judge Orlando Garcia to hold a hearing on the temporary injunction possibly near the end of January or early February. Attorney General Greg Abbott has not yet responded to the filing.
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