Attorney General Greg Abbott’s office filed a brief on Monday arguing that Texas’ ban on same-sex marriage is constitutionally sound and a matter for voters, not courts, to decide.
The brief was filed with the 5th U.S. Circuit Court of Appeals, where the state is appealing a state district court judge’s February ruling that the ban is unconstitutional. The case pits two same-sex couples against Gov. Rick Perry, state Health Commissioner David Lakey and Abbott, who is also the Republican nominee for governor.