"The federal district court found that a state cannot do what the federal government cannot – that is, it cannot discriminate against same-sex couples," Nellermoe wrote last week thus giving her judgement in favour of Kristi Lesh and Allison Flood Lesh.
She also added that "the best interest of the child is always the primary consideration of the court. By denying their parents the right to marry, Texas has created a suspect classification of children who are denied equal protection of the law under the 14th Amendment."
The Attorney General Greg Abbott then asked the Court of Appeal a stay arguing that speedy action was needed "to avoid the legal chaos that would follow if the trial court’s broadly worded ruling is mistakenly interpreted as authorization for the creation or recognition of same-sex marriages in Bexar County or throughout the state," as reports Statesman.
Remain to be seen which will be the final judgment concerning this couple but also concerning all the LGBT couples of Texas.