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AUSTIN (CBSDFW.COM/AP)Texas Attorney General Ken Paxton has asked the state Supreme Court to review a probate judge’s order that found the state’s ban on same-sex marriage unconstitutional.

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Probate Judge Guy Herman on Tuesday determined the ban unconstitutional in an order addressing a dispute over an Austin woman’s estate. His decision said the ban violates due process and equal protection under the Fourteenth Amendment.

Travis County Clerk Dana DeBeauvoir called his order “a great step toward marriage equality” but added she won’t be issuing marriage licenses to same-sex couples “at the present time.”

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Paxton late Tuesday asked the Supreme Court to review Herman’s order and place a hold on his ruling over the estate.

Paxton wrote in his motion that Herman’s ruling may compel same-sex couples to seek marriage licenses in Texas and district clerks to mistakenly grant them.

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