Wednesday, San Antonio Federal Judge Orlando Garcia ruled restrictions on same sex marriage are unconstitutional but suspended his decision pending a ruling from an appeals court.
Now Abbott says he will fight to appeal the ruling.
"I believe if the Supreme Court or the lower courts apply well established Supreme Court principle, the Texas Constitution will be upheld," Abbot said.
The case now heads to the Fifth Circuit Court of Appeals in New Orleans. That court will hear the San Antonio case later this year.
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