Same-sex marriage is more constitutional than states’ bans against it.

Court after court has ruled as such. The blog post attached to this item wonders why Texas’s attorney general can’t bring himself to recognize the inevitable trend that’s going to make it legal in Texas.

http://www.texasmonthly.com/burka-blog/modern-world

Greg Abbott is likely to become the state’s next governor. As attorney general, he is obligated to defend what the federal judiciary is saying is indefensible: the state’s ban on same-sex marriage.

The courts are tossing out states’ bans — including the one in Texas — because the bans violate the U.S. Constitution’s 14th Amendment equal protection under the law clause.

The state likely won’t win its appeal on that basis. It will try, though, to persuade federal judges that Texas’s ban is constitutional.

I still struggle a bit with the notion of same-sex marriage. I agree that devoted same-sex couples are entitled to all legal rights as straight couples. Marriage? That particular terminology still bothers me.

The more I hear about courts striking down these bans, the more I am convinced nonetheless that same-sex marriage is more constitutional than the state laws that prevent it.

Paul Burka, the Texas Monthly blogger, wonders why Texas can’t join the 21st century. If the courts keep ruling as they have done, that day might be forced on Texas — and not a moment too soon.