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Texas says that Gay couples can’t divorce… Huh?

September 1, 2010 //  by James//  Leave a Comment

A Texas Court of Appeals has ruled that District Court Judge Tena Callahan had no jurisdiction to divorce  a gay couple that was legally married in Massachusetts in 2006.

I will put aside the legal argument that this is a clear violation of the equal protection clause for a second, and just reflect on the fact that what the court has done is effectively forced to gay couple to stay married, hasn’t it?

I could carry on with my personal opinion on this for days and days, but I doubt I would change anyone’s mind, as most folks are clearly on one side of this issue or the other.  But I will say that the decision itself seems somewhat ironic to me in that Texas will not recognize gay marriage, but they won’t divorce a gay couple either because to do so would recognize the gay marriage… is that right?

Needless to say, I don’t think this opinion makes a whole lot of sense from a legal standpoint, and it is a clear violation of equal protection for these two men.

Category: Divorce - General, Famous Divorces in the News, Gay Marriage/DivorceTag: divorce, Gay Divorce, Gay Marriage

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The Hart Law Firm, P.A. was originally founded in 2005 as a divorce and family law firm in Orlando, Florida. We moved to North Carolina in 2010, and now work with families to help them navigate the process of separation and divorce.

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