Gay divorce cases before Texas Supreme Court

[w8liftinglady]

http://www.dallasvoice.com/gay-divorce-cases-texas-supreme-court-1092595.html

Nearly three years after the gay Dallas resident known as J.B. filed an uncontested petition for a divorce from his husband, H.B., the couple’s matrimonial fate rests in the hands of the state’s highest court.

The Texas Supreme Court recently requested briefs from both sides as justices decide if they’ll review the issue of whether same-sex couples legally married elsewhere can divorce in Texas.

J.B. and H.B. were married in Massachusetts in 2006 before moving to Dallas. After J.B. filed his petition for divorce in January 2009, Democratic State District Judge Tena Callahan of Dallas ruled in October of that year that she had jurisdiction to hear the case — and in doing so declared Texas’ bans on same-sex marriage unconstitutional.

Republican Attorney General Greg Abbott immediately intervened and appealed Callahan’s decision, which the 5th Court of Appeals in Dallas overturned last year, ruling that Texas judges cannot grant same-sex divorces because the state doesn’t recognize same-sex marriage.

In February, J.B.’s attorneys at Akin Gump Strauss Hauer & Feld filed their petition for review to the Texas Supreme Court.

“They’re in limbo,” Akin Gump’s Jody Scheske said of J.B. and H.B. “They’re still married. They don’t want to be married. Texas can’t prevent them from getting married because they’re already married. All they want is the equal right to divorce that should be available to everybody.”

[Vincardog]

1. Thanks to the idiots who wrote the marriage protection amendment NOBODY in TX is married. The state

of TX does not recognize ANYTHING the same as or similar to Marriage. If only one man and one woman are married and the start does not even recognize that one; how can ANYONE get a divorce in TX?

[izquierdista]

2. Forrest is a partner in a Dallas law firm?

I knew that boy had potential! Must be one of the best legal minds in Texas!