Texas: No To Gay Marriage & Yes To Gay Divorce!
What? If it is illegal for people of the same gender to get or be married in Texas, how can they dissolve a marriage they do not recognize? It is a legal nightmare for the people of the U.S., the people will be forced to recognize by law that which they voted not to recognize by law.
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.
Texas Attorney General Greg Abbott had intervened in the two men’s divorce case, arguing that because a gay marriage isn’t recognized in Texas, a Texas court can’t dissolve one through divorce.
Callahan, a Democrat, denied the attorney general’s intervention and said her court “has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction.”
“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.
Schulte said that the ruling was a surprise and that he hoped to have a divorce order for the judge to sign in the “next few weeks.”
In a prepared statement, Abbott said he would appeal the ruling “to defend the traditional definition of marriage that was approved by Texas voters.”
This is why DOMA is so critical, I have always said that once gay marriage is allowed in one state, using the 14th Amendment, gay marriage can be forced on other states. If Mr & Mr John Smith are married in Connecticut and move to Texas, there is no way without DOMA in place that Texas can avoid recognizing that false marriage in some way and thus while the judge is absolutely wrong that prohibiting Gay Marriage is Unconstitutional, under the equal protection clause, once gay marriage is legal somewhere in the U.S., it will have to be recognized in those states passing laws defining marriage as only being between one man to on woman.
Divorcing those couples is a back door and we know gays love the back door, way to force all states to recognize gay marriage as a right. It is also still true that the people still oppose gay marriage, have voted in I believe 38 states to outlaw it and yet the liberal courts will force it down our throats (pun intended).
Parenthetically: I believe the same equal protection conundrum would apply to the legalization of drugs, forcing states not wanting it to accept it as a federal right!
