Friday, October 02, 2009

gay marriage (or divorce) in Texas wins it first big battle...

but not the War.  In what I think is a landmark ruling for gay divorces, a judge in Dallas County has ruled the ban on gay marriage in Texas is unconstitutional.  Read about it in the article - Texas Lawyer Blog: State district judge finds Texas’ ban on gay marriage unconstitutional

The Texas Attorney General is fighting this tooth and nail in an attempt to uphold the ban on gay marriages and has vowed to see this all the way through to the Supreme Court.

The ruling by Judge Callahan in the 302nd District Court basically opens the door for this gay couple to get divorced.  Kind of ironic if you ask me, supporting gay marriage so someone can get divorced.  In any case, the couple in question here, who were married in another state, will most likely be divorced in a few weeks.  When that happens the Attorney General's Office will certainly appeal to the Texas Court of Appeals level.

The case will probably then proceed to the Texas Supreme Court and then on to the United States Supreme Court.

I will update you as information becomes available.


Anonymous said...

Call me naive, but why does the Attorney General oppose gay marriage so much?

Anyhow, I think divorce is sad (in most, but not all cases) no matter what the circumstances, whether gay or straight, with or without kids, etc. I wish that people who get married could stay in love forever and never get divorced, but I think it's important to allow gay people to get married just like everyone else - and have the same opportunity to live and love and try to make it work, and yes, even fail!

Linda M. Schweitzer said...

What I find very discerning is that married couples can get divorced in any state they want so long as they meet the residency requirements; therefore, why should gay couples be treated differently? Why should a gay married couple be forced to leave their home (or a least one of them) and return to the state where they married in order to obtain an recognized divorce? If this held true, then logic would follow that all couples should be forced to return to the state in which they married rather than obtain a divorce in the state in which they meet the residency requirement. To allow a gay couple to divorce in a particular state does not mean that the state is condoning gay marriage, it is simply recognizing the divorce and allowing those involved to divide their property and debt, together with obtaining orders for conservatorship of children, etc., as any married couple obtaining a divorce.

plastic business cards said...

Divorce is so bad..i think everyone should have the same opportunity to love whether he/she is gay or good wishes to the people who get married.