A Texas judge has given the green light to gay divorce. The judge ruled that two Dallas men seeking to dissolve their same sex-marriage can go forward with the divorce on the grounds that Texas' ban on same-sex marriage violates their constitutional right to equal protection under the law.
The Texas attorney general argued the court does not have jurisdiction to hear the suit for divorce on the grounds that Texas does not recognize same-sex marriage pursuant to a 2005 state constitutional amendment banning gay marriage. As such, the court cannot possibly grant the two Dallas men a divorce since their marriage is not legally recognized by the state of Texas.
However, the Dallas district court Judge disagreed ruling that the court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."
While the attorney for the man who filed for the divorce says his client is "ecstatic", Texas Attorney General Greg Abbott plans to appeal the court's ruling in favor of gay divorce.
Written by Gabriel Dorman
Los Angeles, California
gabedorman@gmail.com
www.criminaldefenseduilawyer.com/blog/
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