A federal lawsuit filed in U.S. District Court in San Antonio poses a major threat to the 2005 Constitutional Amendment which defines marriage in Texas as between one man and one woman, 1200 WOAI news reports.
Two gay couples filed a lawsuit, claiming the state's prohibition on gay marriage unconstitutionally prohibits them from enjoying all of the legal benefits of marriage.
The lawsuit claims that the 2013 U.S. Supreme Court ruling throwing out federal laws banning gay marriage will lead to state bans like the one in Texas being overturned as well.
A federal judge has the right to declare the Texas Constitutional amendment, which was approved by nearly 75% of the voters, is illegal and unenforceable and declare gay marriage to be legal. That is how gay marriage has been approved in several states.
"Texas law is absolutely clear that same sex marriage is illegal," said Jonathan Saenz, president of the conservative group Texas Values.
"The only way that homosexual advocates win this case is if federal judges abuse their power, legislature from the bench and violate nearly every principle of law and policy in our state and country."
Saenz said Attorney General Greg Abbott, who is a Republican candidate for governor, will 'defend our law and our Constitutional vigorously.'