Texas Appeals Court Says Trial Judge Lacked Jurisdiction to Order Same-Sex Divorce
Reversing a trial court, a Texas appellate panel has ruled that the judge lacked the power to divorce a same-sex couple who married in another state.
Although same-sex marriages are prohibited in Texas, District Judge Tena Callahan found that the 14th Amendment of the U.S. Constitution required the state to grant a same-sex couple married elsewhere a divorce on equal protection grounds. However, the the Fifth District Court of Appeals in Dallas said the state the lacked the jurisdiction to grant a divorce under such circumstances, reports the Dallas Morning News.
Attorney Peter Schulte of Dallas represents one of the parties, who is identified only by his initials.
“We are disappointed with the justices’ decision, but we respect the court and process and are evaluating our options about moving forward,” he tells the newspaper.
Additional and related coverage:
ABAJournal.com: “Texas AG Tries to Intervene—1 Day Too Late?—in Same-Sex Divorce Case”
ABAJournal.com: “Judge Nixes Texas AG’s Effort to Intervene in Same-Sex Divorce Case”
ABAJournal.com: “Despite Male-to-Female Sex Change, Woman Is Still a Man Under Texas Marriage Law”
Associated Press: “Court says gay couples can’t divorce in Texas”
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