DALLAS (October 1, 2009)—The state will appeal a district court ruing Thursday that cleared the way for two gay Texas men to divorce.

A state district judge Thursday in Dallas ruled the Texas ban on same-sex marriage violates the constitutional guarantee to equal protection under the law and that the court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."

Peter Schulte, an attorney for the unidentified man who filed for divorce, says he and his client are "ecstatic."

In 2005, Texas voters approved a state constitutional amendment that bans gay marriage, and
Attorney General Greg Abbott said Thursday he will appeal the ruling.

"The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman,” Abbott said.

“Today's ruling purports to strike down that constitutional definition, despite the fact that it was recently adopted by 75% of Texas voters,” he said.

Gov. Rick Perry said the district judge’s ruling was flawed.

“Texas voters and lawmakers have repeatedly affirmed the view that marriage is defined as between one man and one woman,” he said.

“I believe the ruling is flawed and should be appealed. I am confident that Attorney General Abbott and the will of Texas voters will prevail, and traditional marriage will be upheld in our state,” he said.