After Roe, archect of Texas abortn law sets sights on gay marriage

Contents:

• IS GAY MARRIAGE LEGAL TEXAS?
• SIX TEXAS LAWSUS TARGET GAY MARRIAGE, LGBT RIGHTS AFTER THE FALL OF ROE V. WAJONATHAN MCHELL, THE LAWYER WHO HELPED WRE THE ABORTN BOUNTY LAW, IS BEHD SEVERAL S THAT ULD ADVERSELY AFFECT LGBT RIGHTS. THE CY OF DALLAS' PRI FLAG (RIGHT) FLI ALONGSI THE TEXAS AND U.S. FLAGS OUTSI OF CY HALL DOWNTOWN DALLAS, THURSDAY, JUNE 18, 2020 HONOR OF PRI MONTH. TEXAS IS POISED TO BEE A BATTLEGROUND FOR LGBT RIGHTS, AS NO FEWER THAN A HALF DOZEN LAWSUS ON THE ISSUE HAVE BEEN FILED BY THE STATE'S FORMER SOLICOR GENERAL OVER THE ISSUE RECENT YEARS. (TOM FOX/THE DALLAS MORNG NEWS)(TOM FOX / STAFF PHOTOGRAPHER)BY LREN MCGGHY7:00 AM ON JUL 21, 2022 CDTLISTENAUSTIN — IN THE WAKE OF THE TOPPLG OF ROE VS. WA AND WH JTICE CLARENCE THOMAS URGG THE U.S. SUPREME COURT TO REVIS LGS ON GAY SEX AND MARRIAGE, TEXAS IS THE STAGE FOR SEVERAL LAWSUS ALG WH LGBT RIGHTS.RIGHT NOW, A HALF DOZEN S ON EVERYTHG OM SURANCE VERAGE FOR HIV PREVENTN TO EMPLOYMENT DISCRIMATN AND SAME-SEX MARRIAGE ARE WENDG THEIR WAY THROUGH STATE AND FERAL URTS HERE. THEIR OUT ULD RADILLY ALTER RIGHTS FOR LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE TEXAS AND ACROSS THE UNTRY.ADVERTISEMENTTHE LAWSUS ALL HAVE ONE THG MON: FORMER TEXAS SOLICOR GENERAL JONATHAN MCHELL.ADVERTISEMENTBT KNOWN AS THE MAN BEHD THE STATE LAW THAT ALLOWS TEXANS TO FILE CIVIL LAWSUS AGAST PEOPLE WHO HELP PREGNANT PEOPLE GET ABORTNS, MCHELL OPENED UP A LAW FIRM AT FOUR YEARS AGO WH THE GOAL OF SYSTEMATILLY DISMANTLG S OF URT LGS HE BELIEV PART OM THE U.S. CONSTUTN.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE DALLAS MORNG NEWS IS TRACKG SIX OF HIS S THAT ORIGATED TEXAS AND AL WH LGBT RIGHTS. HERE’S A SUMMARY OF EACH SE.RELATED:AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE AND MOREADVERTISEMENTGAY MARRIAGEDIANNE HENSLEY VS. STATE COMMISSN ON JUDICIAL CONDUCT (THIRD COURT OF APPEALS)BRIAN KEH UMPHRS VS. DAVID HALL, ET AL. (NORTHERN DISTRICT OF TEXAS)ADVERTISEMENTSUMMARY: BOTH OF THE S WERE BROUGHT BY TEXAS OFFICIALS WH THE THORY TO PERFORM WEDDGS BUT WHO DO NOT WANT TO OFFER MARRIAG TO SAME-SEX UPL BEE THEY SAY VLAT THEIR RELIG BELIEFS.ADVERTISEMENTONE SE STATE URT, FILED BY MCLENNAN COUNTY JTICE OF THE PEACE DIANNE HENSELY, ARGU THAT MARRIAGE OFFICIANTS WHO ARE ERNMENT OFFICIALS SHOULD BE ABLE TO RECE THEMSELV OM PERFORMG CEREMONI FOR GAY UPL IF THE UPL HAVE A VIABLE ALTERNATIVE OPTN TO BE WED. THE OTHER SE, FERAL URT AND FILED BY JACK COUNTY JUDGE BRIAN KEH UMPHRS, MAK A SIAR ARGUMENT.BUT THE UMPHRS SE GO FURTHER, ARGUG THAT THE U.S. SUPREME COURT ERRED WHEN CLARED GAY MARRIAGE BANS UNNSTUTNAL 2015. IT URG THE URT TO REVIS THAT CISN.“THERE IS NO NSTUTNAL RIGHT TO SAME-SEX MARRIAGE,” THE UMPHRS SE READS. “THE FERAL JUDICIARY HAS NO THORY TO REGNIZE OR VENT ‘FUNDAMENTAL’ NSTUTNAL RIGHTS.”ADVERTISEMENTUMPHRS’ SE IS AWAG A CISN OM THE FERAL APPEALS URT. HENSLEY’S SE IS BEFORE A STATE APPEALS URT AT.OTHER ACTORS: CHAD AND DTY FILLMORE OF FORT WORTH ARE ALSO LISTED AS LAWYERS FOR UMPHRS, AS ARE LAWYERS OM THE PLANO-BASED CHRISTIAN NONPROF LAW FIRM FIRST LIBERTY INSTUTE AND JACKSBORO-BASED FIRM SPILLER & SPILLER.POTENTIAL EFFECTS: IF MCHELL WS EHER SE, ERNMENTAL OFFICIALS WHO ARE MARRIAGE OFFICIANTS WOULD BE ABLE TO WED ONLY OPPOSE-SEX UPL. IF THE UMPHRS SE PROCEEDS, THE QUTN OF SAME-SEX MARRIAGE ULD AGA END UP BEFORE THE SUPREME COURT. IN HIS NCURRG OPN THE CISN OVERTURNG ROE LAST MONTH, CLARENCE THOMAS URGED HIS FELLOW JTIC TO TAKE UP THE ISSUE IF A SE QUTNG THE NSTUTNAL RIGHT TO GAY MARRIAGE PRENTS SELF.RELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? ADVERTISEMENTINSURANCE MANDAT
• AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE
• QUTN ON GAY MARRIAGE HAS ADVOT, EXPERTS ASKG: WHAT DO THIS TEXAS LAWMAKER WANT?GOP STATE REP. JAM WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT. WHE IS NNG FOR STATEWI OFFICE.REP. JAM WHE, R-HILLISTER, SPEAKS DURG A PRS NFERENCE HELD BY TEXAS PRISONS AIR-CONDNG ADVOT ON TUDAY, MARCH 12, 2019 AT THE JOHN H REAGAN STATE OFFICE BUILDG AT. WHE, WHO IS NNG THE GOP PRIMARY FOR AGRICULTURE MISSNER, LAST WEEK ASKED THE ATTORNEY GENERAL WHETHER PRIVATE CIZENS NEED TO REGNIZE SAME-SEX MARRIAG.(ASHLEY LANDIS / STAFF PHOTOGRAPHER)BY SAMI SPARBER AND LREN MCGGHY5:30 AM ON OCT 27, 2021 CDTLISTENAUSTIN — DO PRIVATE CIZENS TEXAS NEED TO REGNIZE GAY MARRIAG?THAT’S THE QUTN REP. JAM WHE, A REPUBLIN LAWMAKER NNG FOR STATEWI OFFICE, ASKED THE ATTORNEY GENERAL LAST WEEK. WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT.ADVERTISEMENTMORE THAN SIX YEARS AFTER THE U.S. SUPREME COURT LEGALIZED GAY MARRIAGE NATNWI OBERGEFELL VS. HODG — AND WH FEW OTHER PROTECTNS FOR LGBTQ TEXANS — THEY WONRED, WHAT EXACTLY IS WHE’S POT?ADVERTISEMENTEXPERTS SAID THEY DIDN’T THK WHE’S REQUT WOULD HAVE ANY IMPACT ON CURRENT LAW, CHALKG UP TO POLIL POSTURG AHEAD OF A NSERVATIVE PRIMARY RACE. IT MAY BE PART OF A NSERVATIVE TREND TO LEAVE UNENFORCEABLE LAWS ON THE BOOKS SE THE LGS ARE REVERSED.POLIL POTSGET THE LATT POLICS NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE 2015 OBERGEFELL CISN MA THE BAN ON SAME SEX-MARRIAGE TEXAS AND 12 OTHER STAT UNENFORCEABLE. BUT LAWMAKERS HAVE NEVER REMOVED THE LANGUAGE, WHICH VOTERS ENSHRED THE TEXAS CONSTUTN 2005. IN AN TERVIEW WH THE DALLAS MORNG NEWS, WHE SAID HE IS NOT ASKG ATTORNEY GENERAL KEN PAXTON TO REJECT THE URT’S LG ON GAY MARRIAGE.“SOME PEOPLE WERE SAYG, ‘OH HE’S ASKG TO SEE IF OBERGEFELL IS APPLIBLE TO TEXAS,’” WHE SAID. “NO, I’M NOT SAYG THAT. IT IS APPLIBLE TO TEXAS — AS APPLI TO ERNMENT OFFICIALS REGNIZG DIFFERENT MARRIAGE NSTCTS.”ADVERTISEMENTHE ADD: “BUT HOW DO APPLY TO PRIVATE CIZENS?”WHE DID NOT HAVE AN EXAMPLE FOR WHAT SUATN HE SEEKS TO ADDRS NOR DID HE SAY A SPECIFIC CINT SPURRED HIM TO ASK THE QUTN AT THIS TIME.ADVERTISEMENTHE MENTNED THE RIGHTS OF CLERGY TO REJECT GAY UNNS — BUT SAID THAT IS NOT THE SOLE REASON HE FILED THIS REQUT. THEN HE WAVED OFF — BUT DID NOT PLETELY REJECT — THAT HE WANTS THE ATTORNEY GENERAL TO WEIGH ON WHETHER BS N NY SERVIC TO SAME-SEX UPL.ADVERTISEMENT“I DON’T KNOW IF BS ARE PRIVATE CIZENS,” WHE SAID, WHILE ACKNOWLEDGG THEY MAY BE OWNED OR N BY PRIVATE CIZENS. “MAYBE A PRIVATE CIZEN ULD BE SOMEONE WHO SAYS THEY’RE A PREACHER. ... IT ULD BE A CHURCH AN BOARD.”WHE SAID HILLISTER BAPTIST CHURCH, WHERE HE ATTEND UNTIL RECENTLY, CHECKED S BYLAWS AFTER THE SUPREME COURT LG TO MAKE SURE FED MARRIAGE A WAY THAT WAS “NSISTENT WH CHURCH DOCTRE.”LEGAL TO TURN AWAY CTOMERS

IS GAY MARRIAGE LEGAL TEXAS?

Consirg that all stat have their own marriage laws, you might still be wonrg: is gay marriage legal Texas?

In fact, until 2020, one unty held that would not issue marriage licens to gay upl. Are you wonrg what else there is to know about gay marriage Texas? Is Gay Marriage Legal Texas?

Gay marriage has been legal Texas sce the U.

SIX TEXAS LAWSUS TARGET GAY MARRIAGE, LGBT RIGHTS AFTER THE FALL OF ROE V. WAJONATHAN MCHELL, THE LAWYER WHO HELPED WRE THE ABORTN BOUNTY LAW, IS BEHD SEVERAL S THAT ULD ADVERSELY AFFECT LGBT RIGHTS. THE CY OF DALLAS' PRI FLAG (RIGHT) FLI ALONGSI THE TEXAS AND U.S. FLAGS OUTSI OF CY HALL DOWNTOWN DALLAS, THURSDAY, JUNE 18, 2020 HONOR OF PRI MONTH. TEXAS IS POISED TO BEE A BATTLEGROUND FOR LGBT RIGHTS, AS NO FEWER THAN A HALF DOZEN LAWSUS ON THE ISSUE HAVE BEEN FILED BY THE STATE'S FORMER SOLICOR GENERAL OVER THE ISSUE RECENT YEARS. (TOM FOX/THE DALLAS MORNG NEWS)(TOM FOX / STAFF PHOTOGRAPHER)BY LREN MCGGHY7:00 AM ON JUL 21, 2022 CDTLISTENAUSTIN — IN THE WAKE OF THE TOPPLG OF ROE VS. WA AND WH JTICE CLARENCE THOMAS URGG THE U.S. SUPREME COURT TO REVIS LGS ON GAY SEX AND MARRIAGE, TEXAS IS THE STAGE FOR SEVERAL LAWSUS ALG WH LGBT RIGHTS.RIGHT NOW, A HALF DOZEN S ON EVERYTHG OM SURANCE VERAGE FOR HIV PREVENTN TO EMPLOYMENT DISCRIMATN AND SAME-SEX MARRIAGE ARE WENDG THEIR WAY THROUGH STATE AND FERAL URTS HERE. THEIR OUT ULD RADILLY ALTER RIGHTS FOR LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE TEXAS AND ACROSS THE UNTRY.ADVERTISEMENTTHE LAWSUS ALL HAVE ONE THG MON: FORMER TEXAS SOLICOR GENERAL JONATHAN MCHELL.ADVERTISEMENTBT KNOWN AS THE MAN BEHD THE STATE LAW THAT ALLOWS TEXANS TO FILE CIVIL LAWSUS AGAST PEOPLE WHO HELP PREGNANT PEOPLE GET ABORTNS, MCHELL OPENED UP A LAW FIRM AT FOUR YEARS AGO WH THE GOAL OF SYSTEMATILLY DISMANTLG S OF URT LGS HE BELIEV PART OM THE U.S. CONSTUTN.BREAKG NEWSGET THE LATT BREAKG NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE DALLAS MORNG NEWS IS TRACKG SIX OF HIS S THAT ORIGATED TEXAS AND AL WH LGBT RIGHTS. HERE’S A SUMMARY OF EACH SE.RELATED:AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE AND MOREADVERTISEMENTGAY MARRIAGEDIANNE HENSLEY VS. STATE COMMISSN ON JUDICIAL CONDUCT (THIRD COURT OF APPEALS)BRIAN KEH UMPHRS VS. DAVID HALL, ET AL. (NORTHERN DISTRICT OF TEXAS)ADVERTISEMENTSUMMARY: BOTH OF THE S WERE BROUGHT BY TEXAS OFFICIALS WH THE THORY TO PERFORM WEDDGS BUT WHO DO NOT WANT TO OFFER MARRIAG TO SAME-SEX UPL BEE THEY SAY VLAT THEIR RELIG BELIEFS.ADVERTISEMENTONE SE STATE URT, FILED BY MCLENNAN COUNTY JTICE OF THE PEACE DIANNE HENSELY, ARGU THAT MARRIAGE OFFICIANTS WHO ARE ERNMENT OFFICIALS SHOULD BE ABLE TO RECE THEMSELV OM PERFORMG CEREMONI FOR GAY UPL IF THE UPL HAVE A VIABLE ALTERNATIVE OPTN TO BE WED. THE OTHER SE, FERAL URT AND FILED BY JACK COUNTY JUDGE BRIAN KEH UMPHRS, MAK A SIAR ARGUMENT.BUT THE UMPHRS SE GO FURTHER, ARGUG THAT THE U.S. SUPREME COURT ERRED WHEN CLARED GAY MARRIAGE BANS UNNSTUTNAL 2015. IT URG THE URT TO REVIS THAT CISN.“THERE IS NO NSTUTNAL RIGHT TO SAME-SEX MARRIAGE,” THE UMPHRS SE READS. “THE FERAL JUDICIARY HAS NO THORY TO REGNIZE OR VENT ‘FUNDAMENTAL’ NSTUTNAL RIGHTS.”ADVERTISEMENTUMPHRS’ SE IS AWAG A CISN OM THE FERAL APPEALS URT. HENSLEY’S SE IS BEFORE A STATE APPEALS URT AT.OTHER ACTORS: CHAD AND DTY FILLMORE OF FORT WORTH ARE ALSO LISTED AS LAWYERS FOR UMPHRS, AS ARE LAWYERS OM THE PLANO-BASED CHRISTIAN NONPROF LAW FIRM FIRST LIBERTY INSTUTE AND JACKSBORO-BASED FIRM SPILLER & SPILLER.POTENTIAL EFFECTS: IF MCHELL WS EHER SE, ERNMENTAL OFFICIALS WHO ARE MARRIAGE OFFICIANTS WOULD BE ABLE TO WED ONLY OPPOSE-SEX UPL. IF THE UMPHRS SE PROCEEDS, THE QUTN OF SAME-SEX MARRIAGE ULD AGA END UP BEFORE THE SUPREME COURT. IN HIS NCURRG OPN THE CISN OVERTURNG ROE LAST MONTH, CLARENCE THOMAS URGED HIS FELLOW JTIC TO TAKE UP THE ISSUE IF A SE QUTNG THE NSTUTNAL RIGHT TO GAY MARRIAGE PRENTS SELF.RELATED:IF ROE V. WA FALLS, ARE LGBT RIGHTS NEXT? ADVERTISEMENTINSURANCE MANDAT

Gay marriage has been legal Texas sce 2015. Hodg on June 26, 2015, all Texas unti except Irn County began issug marriage licens to gay upl.

Many unti the state began issug same-sex marriage licens wh jt a few hours of the lg, which stated that same-sex upl have the fundamental right to marry and bans on gay marriage at the state level are unnstutnal. In the first three months after the Supreme Court lg, about 2, 500 gay upl were married the state of Texas.

AFTER ROE, ARCHECT OF TEXAS ABORTN LAW SETS SIGHTS ON GAY MARRIAGE

The History of Gay Marriage Texas.

Gay marriage hasn't always been legal Texas, and some unti held out even after the U. Before the Supreme Court lg that termed that state bans agast gay marriage were unnstutnal, was not legal for same-sex upl to get married Texas.

QUTN ON GAY MARRIAGE HAS ADVOT, EXPERTS ASKG: WHAT DO THIS TEXAS LAWMAKER WANT?GOP STATE REP. JAM WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT. WHE IS NNG FOR STATEWI OFFICE.REP. JAM WHE, R-HILLISTER, SPEAKS DURG A PRS NFERENCE HELD BY TEXAS PRISONS AIR-CONDNG ADVOT ON TUDAY, MARCH 12, 2019 AT THE JOHN H REAGAN STATE OFFICE BUILDG AT. WHE, WHO IS NNG THE GOP PRIMARY FOR AGRICULTURE MISSNER, LAST WEEK ASKED THE ATTORNEY GENERAL WHETHER PRIVATE CIZENS NEED TO REGNIZE SAME-SEX MARRIAG.(ASHLEY LANDIS / STAFF PHOTOGRAPHER)BY SAMI SPARBER AND LREN MCGGHY5:30 AM ON OCT 27, 2021 CDTLISTENAUSTIN — DO PRIVATE CIZENS TEXAS NEED TO REGNIZE GAY MARRIAG?THAT’S THE QUTN REP. JAM WHE, A REPUBLIN LAWMAKER NNG FOR STATEWI OFFICE, ASKED THE ATTORNEY GENERAL LAST WEEK. WHE’S REQUT FOR OPN ED A STIR ON SOCIAL MEDIA, BAFFLG NSTUTNAL SCHOLARS AND ANGERG GAY RIGHTS ADVOT.ADVERTISEMENTMORE THAN SIX YEARS AFTER THE U.S. SUPREME COURT LEGALIZED GAY MARRIAGE NATNWI OBERGEFELL VS. HODG — AND WH FEW OTHER PROTECTNS FOR LGBTQ TEXANS — THEY WONRED, WHAT EXACTLY IS WHE’S POT?ADVERTISEMENTEXPERTS SAID THEY DIDN’T THK WHE’S REQUT WOULD HAVE ANY IMPACT ON CURRENT LAW, CHALKG UP TO POLIL POSTURG AHEAD OF A NSERVATIVE PRIMARY RACE. IT MAY BE PART OF A NSERVATIVE TREND TO LEAVE UNENFORCEABLE LAWS ON THE BOOKS SE THE LGS ARE REVERSED.POLIL POTSGET THE LATT POLICS NEWS OM NORTH TEXAS AND BEYOND.EMAIL ADDRSBY SIGNG UP YOU AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICYSUBMITTHE 2015 OBERGEFELL CISN MA THE BAN ON SAME SEX-MARRIAGE TEXAS AND 12 OTHER STAT UNENFORCEABLE. BUT LAWMAKERS HAVE NEVER REMOVED THE LANGUAGE, WHICH VOTERS ENSHRED THE TEXAS CONSTUTN 2005. IN AN TERVIEW WH THE DALLAS MORNG NEWS, WHE SAID HE IS NOT ASKG ATTORNEY GENERAL KEN PAXTON TO REJECT THE URT’S LG ON GAY MARRIAGE.“SOME PEOPLE WERE SAYG, ‘OH HE’S ASKG TO SEE IF OBERGEFELL IS APPLIBLE TO TEXAS,’” WHE SAID. “NO, I’M NOT SAYG THAT. IT IS APPLIBLE TO TEXAS — AS APPLI TO ERNMENT OFFICIALS REGNIZG DIFFERENT MARRIAGE NSTCTS.”ADVERTISEMENTHE ADD: “BUT HOW DO APPLY TO PRIVATE CIZENS?”WHE DID NOT HAVE AN EXAMPLE FOR WHAT SUATN HE SEEKS TO ADDRS NOR DID HE SAY A SPECIFIC CINT SPURRED HIM TO ASK THE QUTN AT THIS TIME.ADVERTISEMENTHE MENTNED THE RIGHTS OF CLERGY TO REJECT GAY UNNS — BUT SAID THAT IS NOT THE SOLE REASON HE FILED THIS REQUT. THEN HE WAVED OFF — BUT DID NOT PLETELY REJECT — THAT HE WANTS THE ATTORNEY GENERAL TO WEIGH ON WHETHER BS N NY SERVIC TO SAME-SEX UPL.ADVERTISEMENT“I DON’T KNOW IF BS ARE PRIVATE CIZENS,” WHE SAID, WHILE ACKNOWLEDGG THEY MAY BE OWNED OR N BY PRIVATE CIZENS. “MAYBE A PRIVATE CIZEN ULD BE SOMEONE WHO SAYS THEY’RE A PREACHER. ... IT ULD BE A CHURCH AN BOARD.”WHE SAID HILLISTER BAPTIST CHURCH, WHERE HE ATTEND UNTIL RECENTLY, CHECKED S BYLAWS AFTER THE SUPREME COURT LG TO MAKE SURE FED MARRIAGE A WAY THAT WAS “NSISTENT WH CHURCH DOCTRE.”LEGAL TO TURN AWAY CTOMERS

This same statute also prohibed any polil subdivisn of the state, any agency, or the state self om givg effect to civil unns or gay marriag that occurred other jurisdictns. There was a bill named Hoe Bill 1300 that would have repealed the prohibn agast gay marriage Texas as a part of the Legislature’s 2013 season. Hodg termed that state bans agast gay marriage were unnstutnal.

There have been a number of notable s the history of Texas state law regardg gay marriage and divorce the state. Feral District Judge Orlando Garcia was assigned the se, and he led on Febary 26, 2014, agast the ban on gay marriage Texas. Supreme urt led that state bans agast gay marriage were unnstutnal, this se was still pendg the Fifth Circu.