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Texas Judge Rules Gay Couples Can Divorce In State, Says Marriage Ban Violates Constitution

Fri, Oct 2, 2009 by AKA William

Texas?
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In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state’s ban on gay marriage violates the U.S. Constitution.

Both a voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions.

Although the case is far from settled, and the state’s constitutional ban on gay marriage is a long way from being thrown out, Dallas state District Judge Tena Callahan’s ruling says the state prohibition of same-sex marriage violates the federal constitutional right to equal protection.

. . . “This is huge news. We’re ecstatic,” said Dallas attorney Peter Schulte, who represents the man who filed the divorce. The man, identified in court documents as J.B., asked that he and his former partner not be identified.

Texas Attorney General Greg Abbott has vowed to appeal the ruling “to defend the traditional definition of marriage that was approved by Texas voters.

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One Response to “Texas Judge Rules Gay Couples Can Divorce In State, Says Marriage Ban Violates Constitution”

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