Texas Judge Finds Gay Marriage Ban Unconstitutional

A Texas state district judge ruled Tuesday that the state's ban on same-sex marriage is unconstitutional, just after a U.S. Federal District Court Judge ruled against the same ban in February, the New Civil Rights Movement reports.

The case was brought by Allison Flood Lesh, who is seeking a divorce from her wife of three years in order to gain visitation rights for her child.

Judge Barbara Nellermoe ruled that a "failure in Texas to afford the same presumption of parenthood to the wife of a child's birth mother as it does to a husband of the birth mother violates the Equal Protection Clause."

After the ruling, Texas Attorney General Greg Abbott, who is running for Texas governor, said that the state defends the ban and that he'll appeal the ruling.

In February Judge Orlando Garcia said that the state's ban on gay marriage is unconstitutional, but stayed his ruling as he expected an appeal on the decision.

It was also revealed in a new poll this week that 48 percent of Texas voters now support marriage rights for same-sex couples while 47 percent oppose gay marriage.