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AUSTIN (AP) – The Texas Supreme Court has dismissed the state’s effort to overturn an Austin lesbian couple’s marriage that came months before same-sex weddings were legalized nationwide.

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Three justices objected Friday, including Judge Don Willett, who wrote that the marriage meant Texas’ then-same-sex marriage ban was “frustrated rather than followed.”

Nonetheless, the Republican-controlled court has upheld a lower court’s order allowing Suzanne Bryant and Sarah Goodfriend to marry last February. Goodfriend has ovarian cancer and her future health was uncertain.

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Attorney General Ken Paxton had challenged the marriage, arguing it could trigger “legal chaos.” Last June, though, the U.S. Supreme Court legalized gay marriage in every state.

Paxton initially issued a nonbinding opinion saying officials with religious objections could deny marriage licenses, but gay couples have since been allowed to marry statewide.

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