Dallas judge paves way for gay couple to get divorce

Source: Dallas Morning News

In a first for Texas and a sweeping rejection of the state’s ban on gay marriage, a judge has cleared the way for two gay Dallas men to divorce.

A voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions. And the Texas attorney general had intervened in the two men’s divorce case, arguing that since a gay marriage isn’t recognized in Texas, a Texas court can’t dissolve one through divorce.

But Dallas state District Judge Tena Callahan ruled Thursday that the state's bans on same-sex marriage violates the constitutional guarantee to equal protection under the law.

She denied the attorney general’s intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."



Read more: http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/100109dnmetgaymarriage.1d5a0d50d.html

a judge's ruling that a same-sex marriage ban is unconstitutional led to same-sex marriages taking place within months. How will things proceed in Texas?

so I suspect it won't go very far. But who knows...

"A voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions. <snip> But Dallas state District Judge Tena Callahan ruled Thursday that the state's bans on same-sex marriage violates the constitutional guarantee to equal protection under the law."

Cautiously optimistic is where I would like to be but I know the law, I know Texas and I know better. This judge will be slapped so fast by the appellate courts her head will spin like a bobble-doll. The ONLY help that will come out of this is if the United States Supreme Court intervenes. The Texas Supreme Court is ALL Republican and conservative. In other words, this ruling is DOA in Texas.

That it helps set up an argument for the federal challenge to marriage bans.

by the Texas 5th District Court of Appeals. Unfortunately, Texas has judicial precedents that family courts have no jurisdiction to hear "gay divorce" cases since Texas doesn't recognize the legality of same-sex marriage.

Is Judge Callahan a wise Democratic Latina? Or just a wise Democrat?

"Callahan, a Democrat, denied the attorney general's intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."

<snip>

"In March 2003, a Texas court became the first one outside Vermont to grant the dissolution of a civil union. The judge reversed his decision after a challenge by Abbott, a Republican."


http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/100109dnmetgaymarriage.1d5a0d50d.html

A judge reversed his own decision because some political appointee objected to it? Wow! So much for Justice being blind. Guess she got lasik surgery, despite her lack of medical insurance.

Source: Dallas Morning News

Dallas judge paves way for gay couple to get divorce

06:37 AM CDT on Friday, October 2, 2009

By ROY APPLETON/The Dallas Morning News
rappleton@dallasnews.com

In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution.

01/23/09: Dallas same-sex divorce case a first for Texas

More Texas/Southwest news

Both a voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions.

Although the case is far from settled, and the state's constitutional ban on gay marriage is a long way from being thrown out, Dallas state District Judge Tena Callahan's ruling says the state prohibition of same-sex marriage violates the federal constitutional right to equal protection.

Texas Attorney General Greg Abbott had intervened in the two men's divorce case, arguing that because a gay marriage isn't recognized in Texas, a Texas court can't dissolve one through divorce.

Read more: http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/100109dnmetgaymarriage.1d5a0d50d.html

The has a DOM amendment.

...under the 'full faith and credit' clause.