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Sunday, October 24th 2010

Dallas Judge Paves Way For Gay Divorce

Dallas state District Judge Tena Callahan ruled that the state's prohibition of same-sex marriage violates the federal constiutional right to equal protection.  Judge Callahan's ruling would permit two men married in Cambridge, Mass. in 2006 to divorce in Texas.  However, Texas Attorney General Greg Abbott plans to appeal the ruling in order to "defend the traditional definition of marriage that was approved by Texas voters." 

Abbott's contention is that a voter approved state constitutional amendment and the Texas Family Code prohibits same-sex marriages or civil unions.  Abbott argues that since Texas does not recognize gay marriage, a Texas court cannot dissolve a gay marriage through divorce.

Recently, an Indiana court rejected a divorce of two women married in Canada, and two years ago, the Rhode Island Supreme Court rejected the divorce of a lesbian couple married in Massachusetts.  Same-sex marriages are not recognized in Indiana or Rhode Island.  It appears certain that this case way make its way up the appellate process.

Dallas judge paves way for gay couple to get divorce

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