SAN ANTONIO – The same federal judge who ruled last February the Texas ban on gay marriage is unconstitutional now has said couples must wait for an appeals court ruling expected sometime next year.
"There's disappointment obviously, but the ruling is not surprising," said Robert Salcido, the San Antonio organizer for Equality Texas and an executive board member of the Pride Center of San Antonio.
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Salcido said the San Antonio judge was bound by a similar stay that had been imposed in Mississippi, one of more than 30 states that have lifted bans on gay marriage.
"It's a domino effect. It's going to happen. It's the right thing to do. States are realizing that and we just need to be on track," Salcido said.
Nicole Dimetan and Cleopatra De Leon, of Austin, as well as Mark Phariss and Victor Holmes, of Dallas, who filed the Texas lawsuit, had wanted to marry ahead of the appeal. But Phariss said Federal Judge Orlando Garcia didn't want to allow the marriages and then risk having them overturned on appeal.
Phariss said even so, "Vic and I and Nicole and Cleo are being harmed significantly by not being able to marry. Justice delayed is justice denied."
He said he and his partner have been waiting nearly 20 years to be married.
"I don't know of any straight couple that would want to wait 17 years or more to marry and we shouldn't have to," Phariss said.
Still Phariss said based on the track record around the country allowing gay marriage, "We believe the Fifth Court of Appeals should rule in our favor."
He said but if court upholds the Texas ban, they will take their case to the U.S. Supreme Court.
Phariss said he and Holmes will be among the entourage of Texans traveling to New Orleans when the appeals court convenes for its hearing Jan. 9.
He said it still could be weeks or months before a decision is handed down.