Same-sex couple marries in Texas under one-time order
By EVA RUTH MORAVEC, Associated Press
Feb 19, 2015 12:35 PM CST

AUSTIN, Texas (AP) — Despite Texas' longstanding ban on gay marriage, a same-sex couple married in Austin on Thursday immediately after being granted a marriage license under a one-time court order issued for medical reasons.

It wasn't immediately clear if the couple's wedding would have legal standing given the ban, which remains before a federal appeals court. Texas Attorney General Ken Paxton promised an immediate appeal of the county court ruling to the Texas Supreme Court.

The license was issued exclusively for Sarah Goodfriend and Suzanne Bryant, who requested the license in Travis County two days after a local judge ruled in an unrelated estate case that Texas' gay-marriage ban was unconstitutional. The couple cited that case, saying it should allow them to wed.

State District Judge David Wahlberg sided with the couple and directed County Clerk Dana Debeauvoir to immediately stop relying on "the unconstitutional Texas prohibitions against same-sex marriage as a basis for not issuing a marriage." Debeauvoir said Thursday that she issued the license, but that any others must be court ordered. She said one of the women, who live in Austin and have been together for 30 years, "has severe and immediate health concerns."

Goodfriend, who is policy director for state Rep. Celia Israel, has ovarian cancer.

"We are all waiting for a final decision on marriage equality," Debeauvoir said. "However, this couple may not get the chance to hear the outcome of this issue because one person's health."

The couple who were joined by their two daughters when they married in a ceremony presided over by a rabbi Thursday morning. Bryant later released a statement saying they wanted to open the door for all families to have the right to marry in Texas.

"We were both born in Texas, came back to Texas after we met to build a family and establish our lives here. We plan to die here, and we have waited to get married because, as proud Texans, we want a Texas marriage license," she said.

Bryant, an Austin lawyer, and Goodfriend said they believed they were the state's "first LGBT to marry"

Texas' decade-old, voter-approved ban on gay marriage was declared unconstitutional in federal court last year, but the judge stayed the ruling to allow the state to appeal.

Courts made a similar exception in April for a lesbian couple in Indiana because one of the women was dying of cancer and wanted her partner's name on her death certificate. A federal appeals court overturned the state's ban in September.