A federal judge in San Antonio will not consider the impact on children of being raised by gay parents as he decides whether to throw out Texas law which outlaws same sex marriage, 1200 WOAI news reports.


  Garcia today rejected a request by the conservative group Texas Values to file a legal brief which includes 'longstanding research' when 'supports the idea that raising children in a stable home with their own biological mother and father is the ideal and most beneficial environment for children.'


  Texas Values president and attorney Jonathan Saenz says the ruling means that Garcia will also not consider 'social science' evidence introduced by lawyers for two gay couples who want to overturn the 2005 Texas Constitutional Amendment which defined the only legal marriage as one between one man and one woman.

  U.S. District Judge Orlando Garcia indicated he will base his decision on 'law and United States Supreme Court precedent.'

  "Because their evidence is flawed and reliable, we are pleased that the court considered it irrelevant and that it will not be considered," Texas Values President and attorney Jonathan Saenz said.  "The law and court precedent are clear that Texas marriage laws should be upheld without question."


  A ruling is expected on the case as early as this week.