Regarding due process and the denial of a fundamental right, he wrote that the state's ban must be reviewed under the strict scrutiny standard.He ruled that the state has "failed to identify any rational, much less a compelling, reason that is served by denying same-sex couples the fundamental right to marry".It is one of the only counties in the country that refuses to issue marriage licenses to same-sex couples, the others being in Alabama.
Same-sex couples began obtaining marriage licenses in some counties of the state within hours of the ruling, while other counties awaited direction from state officials, local county attorney advice, or were awaiting corrected state marriage license forms.
Two days later, State District Judge David Wahlberg ordered the Travis County clerk to issue a marriage license to two women, Sarah Goodfriend and Suzanne Bryant, citing the severe illness of one of them. This accounted for about 6% of all issued marriage licenses in the state.
Tarrant County, Texas' third-most populous county, issued 300 same-sex marriage licenses.
Harris and Travis were the top counties for same-sex marriages in the state.
From June 2015 to June 2016, 248 same-sex couples wed in El Paso County.