AUSTIN, Tx. - Could Texas be one step closer to getting the green light on gay marriage? In Austin, Travis County Probate Judge Guy Herman ruled Tuesday that the Texas ban on same-sex marriage is unconstitutional.
The decision came during a court battle where an Austin woman was fighting to have the state recognize her common-law marriage following her spouse's death. Sonemaly Phrasavath and Stella Powell were joined in a domestic partnership for eight years. Then, about a year ago, they got sad news that Powell was diagnosed with colon cancer. She died last June. Powell put together a will, but it wasn't signed and notarized before her death.
Since then, Phrasavath has been battling the state's ban on gay marriage, trying to get her rights to the estate that was left for her. It's still unclear what immediate impact this ruling will have, or whether the Travis County Clerk's Office will start issuing marriage licenses to same-sex couples. Either way, this could be some colorful news for the Lone Star State.