One of the two couples who are suing in federal court in San Antonio to have the state's laws banning gay marriage overturned says the 2005 Constitutional Amendment which declared marriage to be between one man and one woman has been rendered obsolete by recent events, 1200 WOAI news reports.
"The law was passed in 2005, which in the age of this issue is an eternity," said Nicole Dimetman, who along with her partner Cleo De Leon are plaintiffs in a landmark lawsuit which claims the Texas law violates the Equal Protection Clause of the U.S. Constitution and as such cannot be upheld.
"Sixteen states now welcome same sex marriages."
Dimetman and De Leon were legally married in Massachusetts, but say they decided to fight the Texas law when they moved to Austin, and discovered that they could not adopt their young son as a couple, as heterosexual couples can, because the state does not recognize their marriage.
"We are very fortunate that we live in a wonderful country, which strives to be ever more inclusive every day,"Dimetman said.
The lawsuit specifically seeks to bar state officials from enforcing Article 1, Section 32 of the Texas Constitution, which bars same sex couples from obtaining marriage licenses. Lawyers say since many legal benefits stem from being married, it is unconstitutional to deny those benefits to gay couples.
Opponents of gay marriage say it is an issue of morality, but Dimetman and De Leon say it is also immoral not to treat all law abiding U.S. citizens with equal dignity and respect under the law.
"When the people pass a law and the legislature approves it, you can take your fight to the courts," she said. "That is exactly what we're doing."
The first hearings on the issue in federal court in San Antonio are expected in January.