Texas Attorney General Ken Paxton has asked the state Supreme Court to review a probate judge's order that found the state's ban on same-sex marriage unconstitutional.
Probate Judge Guy Herman on Tuesday determined the ban unconstitutional in an order addressing a dispute over an Austin woman's estate.
Travis County Clerk Dana DeBeauvoir called his order "a great step toward marriage equality" but added she won't be issuing marriage licenses to same-sex couples "at the present time."
"Texas law is clear on the definition of marriage, and I will fight to protect this sacred institution and uphold the will of Texans, who voted overwhelmingly in favor of a constitutional amendment defining the union as between one man and one woman. The probate judge’s misguided ruling does not change Texas law or allow the issuance of a marriage license to anyone other than one man and one woman," Paxton said in a statement Wednesday.
Paxton late Tuesday asked the Supreme Court to review Herman's order and place a hold on his ruling over the estate.
Paxton wrote in his motion that Herman's ruling may compel same-sex couples to seek marriage licenses in Texas and district clerks to mistakenly grant them.
