Family Law

Texas judge clears way for two gay men to divorce

By Robert M. Kisselburgh, Esq.

Texas judge declares same-sex marriage ban violates equal protection clause

Texas, just as Mississippi, has a ban on gay marriage. In Texas, voters approved a constitutional amendment banning same-sex marriage and the Texas Family Code also prohibits such unions. However, a Dallas, Texas district court judge found the prohibition violates the equal protection clause to the Constitution and paved the way for two gay men to divorce. The judge held the court "has jurisdiction to hear a suit for divorce filed by person legally married in another jurisdiction." The attorney general said he would appeal the decision. The Texas Supreme Court will most likely reverse this ruling, but you can expect the case to be appealed to the U.S. Supreme Court based on a violation of the 14th Amendment to the U.S. Constitution.

Source: Dallas Morning News

Reported by Robert Kisselburgh, Mississippi Divorce Lawyer

Full post as published by Mississippi Family Law Blog on October 02, 2009 (boomark / email).