Historic 5th Circuit argument today on Texas Constitution’s definition of marriage

Today in New Orleans, a panel of the U.S. 5th Circuit Court of Appeals will hear oral argument in the case challenging the 2005 amendment to the Texas Constitution which provides that “Marriage in this state shall consist only of the union of one man and one woman.” (Art. I, sec. 32.)

In the case of DeLeon v. Perry, a federal district judge previously granted a preliminary injunction to prevent enforcement of the ban on same-sex marriages, on the grounds that it violates equal protection and due process rights guaranteed by the 14th Amendment to the U.S. Constitution. The trial judge also stayed the effect of his ruling pending the outcome of the appeal to the 5th Circuit.

In special instructions for today’s arguments, the 5th Circuit indicates that tweeting and other electronic communications will not be permitted from the courtroom, but that a recording of the arguments will be made available on the Court’s website (http://www.ca5.uscourts.gov) within an hour of the conclusion of the last argument.

5th Cir. seal

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