Texas Appellate Court Overturns Lower Court Decision to Allow Same-Sex Divorce
by The Federalist Society
Posted September 01, 2010, 11:14 AM
Following a Dallas judge's decision that two gay men who were married in Massachusetts had the right to divorce in Texas because the Texas constitutional prohibition of same-sex marriage violated the federal Equal Protection Clause, the District Court of Appeals in Dallas reversed, holding that the case was outside the judge's jurisdiction and ordering him to dismiss, reports The Dallas Morning News. The Texas Attorney General, Greg Abbott, had intervened in the case, arguing that Texas courts could not dissolve a gay marriage because Texas did not recognize a right to such a marriage.
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