Texas Divorce Tips
One divorce attorney's reactions to family law issues.
Friday, October 2, 2009
Gay Marriage Recognized
Dallas Morning News, Friday, October 2, 2009, front page, "Texas judge rejects gay-marriage ban."
The Honorable Tena Callahan, Democrat, Presiding Judge of the 302nd Family District Court in Dallas, ruled that two men married in Massachusetts could legally proceed with their divorce in Texas. She ruled that prohibiting their divorce violated the equal protection clause of the 14th Amendment to the United States Constitution.
It appears that the men had been in relationship for some time, moved to Massachusetts together a few years ago, got married there, moved back to Texas, and filed for divorce in Dallas, and it was randomly assigned to the 302nd District Court. State Attorney General Greg Abbott (Republican) intervened in the divorce to convince the Judge Callahan that the Texas Courts were prohibiting from dissolving a gay marriage, because under Texas law there was no marriage at all. Texas Law specifically defines marriage as the relationship of one man and one woman.
So far this is only the opinion of one judge. Until this is appealed and upheld by an appellate court, there is no authority anyone can cite in other similar cases. Similar cases are working their way up through the appellate courts of other states.
Because this hangs on the United States Constitution, this can ultimately be resolved only through a decision of the United States Supreme Court. I would be surprised by a speedy ruling by the US Supremes. I suspect that they'll want to see the rulings of a number of state supremes to weigh their logic and authority.
-0-0-0-0
Update 10/4/09. I just saw a clip of a network TV news interview with one of the men in the divorce proceeding. He and his lawyer are quick to say that they didn't engineer this as a test case for gay marriage, as it's Attorney General Greg Abbott that had a press conference on the matter, not them, and I'll grant them that. However, Mr. J.B.goes on to say that this isn't about gay marriage, but about gay divorce, and that this is completely different, and I completely disagree on this point. In order for a Texas court to have jurisdiction over a gay divorce, the courts must necessarily recognize the validity of a gay marriage from somewhere else. Recognizing a Massachusetts gay marriage doesn't get you all the way to allowing gay marriages in Texas, but in my opinion it's more than half way.
The Honorable Tena Callahan, Democrat, Presiding Judge of the 302nd Family District Court in Dallas, ruled that two men married in Massachusetts could legally proceed with their divorce in Texas. She ruled that prohibiting their divorce violated the equal protection clause of the 14th Amendment to the United States Constitution.
It appears that the men had been in relationship for some time, moved to Massachusetts together a few years ago, got married there, moved back to Texas, and filed for divorce in Dallas, and it was randomly assigned to the 302nd District Court. State Attorney General Greg Abbott (Republican) intervened in the divorce to convince the Judge Callahan that the Texas Courts were prohibiting from dissolving a gay marriage, because under Texas law there was no marriage at all. Texas Law specifically defines marriage as the relationship of one man and one woman.
So far this is only the opinion of one judge. Until this is appealed and upheld by an appellate court, there is no authority anyone can cite in other similar cases. Similar cases are working their way up through the appellate courts of other states.
Because this hangs on the United States Constitution, this can ultimately be resolved only through a decision of the United States Supreme Court. I would be surprised by a speedy ruling by the US Supremes. I suspect that they'll want to see the rulings of a number of state supremes to weigh their logic and authority.
-0-0-0-0
Update 10/4/09. I just saw a clip of a network TV news interview with one of the men in the divorce proceeding. He and his lawyer are quick to say that they didn't engineer this as a test case for gay marriage, as it's Attorney General Greg Abbott that had a press conference on the matter, not them, and I'll grant them that. However, Mr. J.B.goes on to say that this isn't about gay marriage, but about gay divorce, and that this is completely different, and I completely disagree on this point. In order for a Texas court to have jurisdiction over a gay divorce, the courts must necessarily recognize the validity of a gay marriage from somewhere else. Recognizing a Massachusetts gay marriage doesn't get you all the way to allowing gay marriages in Texas, but in my opinion it's more than half way.
Labels: equal protection, gay divorce, gay marriage, homosexual divorce, homosexual marriage
posted by Hal Davis | 7:56 AM
Post a Comment