Dallas judge paves way for gay couple to get divorce

[tammywammy]

Dallas judge paves way for gay couple to get divorce

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.

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.

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

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

[flamin lib]

1. Boy! Talk about your back door to equal rights!

Like Dolly Parton said, "I'm all for gay marriage. Why shouldn't they be miserable like the rest of us?"

[Aragorn]

2. Big D?

Oh - Dallas Texas...I thought that meant Divorce. Well, Dallas has had other liberal ideas and a few openly gay elected officials including the "justice system". Anyway, good news for Texas.

Today WOULD have been a hearing on the false arson report execution.

[WolverineDG]

3. it´s called Full Faith & Credit

too bad so sad for the homophobes....if one state allows gay marriage, we have to recognize that union if the parties move to this state.....it´s in the constitution......

dg

[Aragorn]

4. That's mighty Texan of you!

This Texan, I mean: "I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." — Molly Ivins

[WolverineDG]

11. I LOVE MOLLY!!

:sniff:

dg

[sonias]

5. Outstanding! The fight goes on

So this ruling can be appealed, but the question is where does it go? What court?

In a prepared statement, Abbott said he would appeal the ruling "to defend the traditional definition of marriage that was approved by Texas voters."

His statement also said, "The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman. Today's ruling purports to strike down that constitutional definition – despite the fact that it was recently adopted by 75 percent of Texas voters."

Oh I can see all the ads that will run in Texas before the primaries on this one. I hope Callahan isn't up for re-election this year. She has a lot of courage to do the right thing and rule correctly in this case. You can read all the hate posts on this article at the DMN and see that the wingers will be out for blood on this ruling.


Sonia

[Manifestor_of_Light]

8. Abbott does not have standing to sue.

The AG is not directly affected by the ruling. He does not have standing to intervene.

The full faith and credit clause strikes!!!

I knew this would happen. Once gay marriage was legalised in one state, I knew a gay married couple would move to another state and file for divorce. And all the resolutions and laws against it cannot stand due to the full faith and credit clause, and the 14th Amendment.

[tammywammy]

9. I have friends headed up to Iowa in Nov to get married

I sent them this story and said "you might not be able to marry here yet, but damnit, you can get divorced." ;)

[WolverineDG]

12. just wait until someone argues

"right to travel interstate" :evilgrin:

dg

[sonias]

6. Dear Representative Warren Chisum:

Letters From Texas blog - Harold Cook
Dear Representative Warren Chisum:

I am sure you noted with interest, as I did, the report in the Dallas Morning News regarding the Dallas judge who has ruled, in the course of two gay guys trying to divorce, that the state Constitutional amendment prohibiting gay marriage is unconstitutional. Thus, the judge has ruled, this gay couple can proceed with their divorce.

(snip)
Representative Chisum, I urge you in the strongest possible terms to stop this dangerous movement in its tracks. Any God-fearing Texan knows that the intense hatred involved in divorce should stay, as the good Lord intended, between one man and one woman. I believe, and I'm sure you agree, that to give homosexuals equal footing to hate each other alongside good Christian couples, who have grown to want each other dead, would mean the destruction of the traditional family!

:rofl:

Sonia

[tammywammy]

7. ...

:rofl:

[Melissa G]

10. good one...

:rofl:

[WolverineDG]

13. Oh poor Texas

we get sodomy laws struck down...now we´re declaring anti-gay marriage laws unconstitutional (what? you mean this ain´t California?????)....next stop, polygamy.....yup, Abbot was dumb enough to go after a man for bigamy with consenting adult wives......OOOPS

dg