Dallas Gay Couple's Right To Divorce Rejected

LMr2E3R507

LAS -- While California legislature continues to flip back and forth on Proposition 8, a different variety of controversy over same-sex marriage namely occurring over in Texas. There, a man couple who had married in Massachusetts, after receiving approval to divorce in October,[link widoczny dla zalogowanych], had that right snatched away from them yesterday.
The Dallas-based couple, appointed in court records and media merely for J.B. and determined to divorce in January 2009 behind fewer than three years of matrimony. They cited "disagreement or clash of personalities" in their divorce filing. However, for Massachusetts family statute grants divorces only to couples living among the state, they had to try to make their split official in Texas, which does not acknowledge same-sex marriage.
Family District Court referee Tena Callahan ruled that the couple could divorce final October 1, claiming that Texas' inhibition of gay marriage violated the 14th Amendment to the U.S. Constitution. But Texas Attorney General Greg Abbott entreated Judge Callahan's native decision, demanding that Texas shouldn't be skillful to divorce a gay couple whether it doesn't legally recognize gay marriage. Yesterday, nearly 11 months after the decision, the Fifth District Court of Appeals overturned it.
"We clutch that Texas area courts do no have subject-matter jurisdiction apt listen a same-sex divorce circumstance," Judge Kerry P. Fitzgerald wrote in the court determination.
Peter Schulte, the divorce attorney characterizing protested the reversal. "We are dissatisfied with the justices' decision, merely we respect the court and process and are analytical our alternatives almost moving forward," Schulte told the Dallas Morning News today.
But Abbott complimented the verdict. "Because the Constitution and laws of the state of Texas define marriage as the alliance of one male and one matron," Abbott said in a press expression after the court's decision, "the court correctly ruled that Texas courts do not have administration to grant a same-sex divorce."
The couple is reportedly working to appeal to a higher court, possibly the Texas Supreme Court. "We calculate the holding is not constitutional as we discussed to the court," Austin divorce solicitor Jody Scheske, who debated for case in the appeal, told the Morning News,[link widoczny dla zalogowanych], "and we look inward to further appeal.
"Eventually, all married couples in the state of Texas ambition have equal way to divorce. Unfortunately, this decision denies that to one section of society, same-sex couples."
J.B. and who marital in 2006 and relocated to Dallas the following year,[link widoczny dla zalogowanych], could still theoretically obtain their divorce by regaining lawful residency in Massachusetts.

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