So what does that mean for couples here in Texas? Well it's a victory for state rights but unfortunately for Texans, same-sex Texas couples who are married elsewhere, such as Massachusetts, are still ineligible to receive federal benefits because we have our own version of DOMA in the 2005 Amendment to the Texas Constitution that prohibits same-sex marriage. Thus, no state benefits and no federal benefits. We need a ruling here in Texas from a federal court that declares DOMA violates the Tenth Amendment AND also from one of our state appellate court declaring that the Texas constitutional amendment is likewise unconstitutional and violates Equal Protection.
It's possible but unlikely considering the conservative upper level appellate courts that we have in Texas. However, we may get a bite at the apple when the Naylor v. Daly and the J.B. v. H.B. cases go up.