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Gay in the Lone Star State

Shocking ruling declares Texas ban on gay marriage unconstitutional — but what's next?

Katie Friel
Feb 26, 2014 | 3:15 pm

A federal judge in San Antonio has overturned a 2005 amendment banning gay marriage. U.S. Judge Orlando Garcia joins a growing number of federal judges in states like Utah, Ohio, Oklahoma, Kentucky and, more recently, Virginia who have declared bans on gay marriage are in violation of the United States Constitution. Currently, gay marriage is legal in 17 states.

In his official order, Garcia writes, "Today’s court decision is not made in defiance of the great people of Texas or the Texas Legislature, but in compliance with the U.S. Constitution and Supreme Court precedent." You can read the ruling here.

The ruling was made after a lawsuit filed in October 2013 by Mark Phariss and Vic Holmes, who, alongside another same sex couple, sued the state of Texas for the right to marry. Phariss and Holmes, who live in Plano, were profiled in the February issue of Texas Monthly.

In it, they explain their hesitation at becoming the public face of such a hotly contested issue. But ultimately their desire to remain in the shadows was eclipsed by a greater desire for action. In the interview, Holmes said:

There’s this phenomenon where someone is in trouble and needs an ambulance, and everybody says, 'Call 911,' and everybody assumes someone else is going to do it, and nobody winds up doing it. I didn’t see anybody else doing this, so I thought, 'Okay, I’ll be the one who makes the call.'

Of course reaction to the news on Twitter and social media has been swift from both sides of the gay marriage debate. San Antonio mayor — and Democratic darling — Julian Castro tweeted:

— Mayor Julián Castro (@JulianCastro) February 26, 2014

Not to be outdone, Texas Lt. Gov. David Dewhurst lamented the decision:

Today's ruling on gay marriage by a SA federal judge undermines the values of an overwhelming majority of TX voters. https://t.co/4eFFlJsSWa

— David Dewhurst (@DavidHDewhurst)

February 26, 2014

It's certainly a win for civil rights activists like Phariss and Holmes, but it doesn't mean same sex couples should be lining up at the courthouse just yet. Although Garcia overturned the ban on gay marriage, he has stayed the ruling, meaning he's postponed the ruling from going into effect until Texas lawmakers have the opportunity to appeal to the Fifth U.S. Circuit Court of Appeals.

This being Texas — and Attorney General Greg Abbott being, well, who he is — that will most certainly happen.

unspecified
news/city-life

This Week's Hot Headlines

State Fair of Texas adds 40 crazy new foods and more popular stories

CultureMap Staff
Sep 12, 2026 | 10:00 am
Texas Brisket Pierogies, new foods at the 2026 State Fair of Texas
Photo courtesy of State Fair of Texas
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Editor's note: It's time to look back at the top Dallas news of the week, from State Fair fun to a very sudden shutter. Plus, we round up the best Dallas happy hours right now. Read on for our most popular stories, then plan your weekend via this expert guide.

1. State Fair of Texas unleashes 40 new foods and drinks on menu for 2026. State Fair foodies, rejoice: The State Fair of Texas has unveiled a whopping 40 new food and beverage options for attendees to try at this year's big event.

2. Where to drink in Dallas right now: 5 special happy hours for September. This is a most distinguished edition of Where to Drink, bringing news of the best happy hours around. These happy hours are all a little extra, whether it's gourmet chef-driven food, a unique location, or a special Korean twist.

3. Mexican bar and restaurant on Dallas' Ross Ave closes after only 4 months. A Mexican hangout from San Diego has departed Dallas. El Chingon, which served Mexican food, cocktails, and a clubby atmosphere near downtown, closed on September 6 after a mere four months.

High 5 Exchange The High 5 Exchange is coming to Allen in 2027. Facebook/High 5 Exchange Austin

4. High 5 Exchange bowling and entertainment mega-center rolls into Allen. A new family entertainment destination is rolling into Allen, bringing bowling, laser tag, miniature golf, virtual reality, and more. Called High 5 Exchange, the venue has broken ground at 2361 Quail Covey Rd. in The Farm in Allen.

5. Taste of Malaysia restaurant brings rare Asian cuisine to Dallas area. A new restaurant has debuted in Coppell with a cuisine that's relatively rare in Dallas. Called Taste of Malaysia, it's serving authentic Malaysian dishes and flavors — adding another option to Dallas' burgeoning Asian restaurant scene.

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