Texas Gov. Rick Perry (R) vowed to keep fighting after his state's ban on gay marriage was ruled unconstitutional.
U.S. District Judge Orlando Garcia made the ruling on Wednesday. Perry argued the ruling was an attempt to "achieve via the courts what couldn't be achieved at the ballot box" in a statement:
Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our Constitution, and it is not the role of the federal government to overturn the will of our citizens. The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn't be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state.
Garcia said the decision was made "in compliance with the U.S. Constitution and Supreme Court precedent." HuffPost's Ryan Reilly reports Garcia chose to quote from Scalia's dissent in the landmark 2003 case Lawrence v. Texas, which struck down the state's anti-sodomy law, in his ruling.
Garcia issued a stay on his order, meaning the ban will remain in effect pending appeal.