Plano Couple Watching Appeals Court For Gay Marriage Ruling

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NORTH TEXAS (CBSDFW.COM) - The fight for marriage equality in Texas is hours away from taking center stage. A federal district judge already ruled the state's ban on gay marriage unconstitutional, but on Friday the appeals process will begin.

A panel of federal judges with the United States Court of Appeals for the Fifth Circuit in New Orleans will hear arguments on anti-gay marriage laws in Texas, Louisiana and Mississippi.

The decision is in the hands of three judges - two appointed by former President Ronald Reagan and the third a selection by President Obama.

Speaking via Skype from the 'Big Easy,' Plano couple Victor Holmes and Mark Phariss are hoping they're just one step away from legalizing their relationship.

"We're really optimistic what's going to come out of the court," Holmes said. "I'm feeling a lot of positive energy from the folks here."

Holmes and Phariss went to court to overturn Texas' ban on same-sex marriage. It was their case that resulted in a judge finding the ban unconstitutional nearly a year ago.

The Texas 5th Circuit appeals case comes right on the heels of decisions in other states like Florida, which just legalized gay and lesbian civil unions.

"There's no doubt there's some frustration. But I think the better word is envy," Phariss said. "We are delighted, we are ecstatic for all the other states."

Right now, Texas is one of 14 states where same-sex marriage is not legally recognized.

Dr. Robert Jeffress, pastor of First Baptist Church in Dallas said, "The right to marry is not a constitutional right. If it were, 15-year-old could marry and siblings could marry."

Doctor Jeffress thinks no matter what is decided by a judge - ultimately the decision will be in the hands of the Supreme Court. "If you're going to redefine marriage, why limit it to two men and two women, why not legitimize polygamy?" he asked.

Holmes and Phariss feel that if what 36 other states have decided is any indication, they'll be saying, "I do" in no time.

"We're here now. We're now. We're going to be heard tomorrow and we know the court is going to rule in our favor, because that's the way the district will go."

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