Two couples file federal suit to overturn Texas same-sex marriage ban

November 28, 2013 04:39

Two same-sex couples in Texas filed a federal lawsuit seeking to overturn that state's eight-year-old constitutional amendment that bars gay marriage, their lawyer said on Wednesday.

Arguments could be heard as early as January in a federal court in San Antonio in the case trying to nullify the 2005 amendment that says: "marriage in this state shall consist only of the union of one man and one woman."

San Antonio attorney Daniel McNeel Lane, the lead counsel for both couples, said current Texas law banning same-sex marriage runs counter to the US Constitution and is a "badge of inferiority."

"Just as the judicial branch protected the fundamental right to marry and established that discriminatory laws could not prevent mixed-race couples from exercising that right, the courts again must step in to protect the marriage right," Lane told Reuters.

The suit was filed on behalf of Cleopatra De Leon and Nicole Dimetman, two women who live in Austin and were married in Massachusetts, and Victor Holmes and Mark Phariss, two men who were denied a marriage license when they applied last month in San Antonio.

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