• 07
  • September
    2010

In family law news, the Fifth District Court of Appeals, in Dallas, Texas, recently overturned a lower court decision granting two men who were legally married in another state the right to divorce in the state of Texas.

The two men, named in court documents as H.B. and J.B., were originally married in the state of Massachusetts in 2006. Two years after moving to Texas, J.B. sought a dissolution of the marriage, citing "discord or conflict of personalities."

In 2005, Texas voters approved amendments to the Family Code and the state Constitution that expressly prohibited both same-sex marriage and civil unions.

Last October, a district court judge ruled that H.B. and J.B. were able to legally terminate their marriage under state law and that the aforementioned prohibitions against same-sex marriage constituted a violation of the Equal Protection Clause of the 14th Amendment.

Last week, however, the Fifth District Court of Appeals rejected the ruling of the district court and ordered it to dismiss the case. Specifically, the three-judge panel held that the district court had incorrectly held that the applicable provisions of Texas law violated the Equal Protection Clause. In addition, the appellate court held that the district courts of Texas do not have subject matter jurisdiction over any same-sex divorce cases.

J.B. is now left with two options: appeal to the Supreme Court of Texas, or return to Massachusetts and pursue a divorce there. (J.B. would have to re-establish residency there first).

However, it sounds as if the former option may be pursued.

"Eventually all married couples in the state of Texas will have equal access to divorce. Unfortunately, this decision denies that to one segment of society, same-sex couples ... We think the holding is not constitutional as we argued to the court, and we look forward to further appeal."

Stay tuned for further developments in this case from our Denver divorce blog ...

This blog will periodically offer posts that communicate significant developments in the area of family law.

Related Resources:
  
• Dallas Judge's Ruling Saying Gay Couple Could Divorce in Texas Rejected on Appeal (The Dallas Morning News)
• Recent Opinions (Fifth District Court of Appeals -Dallas, Texas)