Texas denies same-sex divorce

09/01/2010

Same-sex couples who have been legally married in other states will not be able to get divorced in Texas, a court has ruled.

The Fifth Texas Court of Appeals – comprising three Republican appeals court justices – ruled on Tuesday that two Dallas men, who were legally married in Massachusetts, could not be granted a divorce by a judge in Texas, a state where same-sex marriages are still banned.

They overturned the ruling of Dallas judge, Tena Callahan – a Democrat – who ruled that Texas cannot limit marriage only to be between a man and a woman.

In explaining the decision he and his fellow justices made, Justice Kerry P. Fitzgerald wrote, "Texas law, as embodied in our constitution and statutes, requires that a valid marriage must be a union of one man and one woman, and only when a union comprises one man and one woman can there be a divorce under Texas law."

The couple involved in the case – who were only identified as J.B. and H.B. – were married in Massachusetts in 2006 but went their separate ways two years later, fighting to have a divorce granted ever since.

Peter Schulte, an attorney acting for J.B., said they were still considering whether they would appeal the judgment to the Texan Supreme Court or not. "We obviously disagree with the justices' ruling, but we respect the process and respect the court," he said.