Orlando Garcia | KERA News

Orlando Garcia

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A federal judge ruled Wednesday that Texas’ gay marriage ban is unconstitutional, but he's leaving the ban in place for now.

U.S. District Judge Orlando Garcia in San Antonio issued a preliminary injunction on the ban after two gay couples challenged a state constitutional amendment and a decade-old law.

He said the couples, one of which is from North Texas, will likely win their case and the ban should be lifted. But he said he would give the state time to appeal to the Fifth Circuit Court of Appeals. The state will appeal the ruling, said Greg Abbott, the Texas attorney general.