Texas Court Plans to Grant Divorce in Gay Marriage Case

A state judge in Dallas, Texas, has ruled that two men married in Massachusetts can divorce in Texas, stating that her court can hear a divorce suit filed by a person married in another jurisdiction.  Callahan also ruled that a section of the Texas Family Code prohibiting the recognition of gay marriage or a civil union is unconstitutional.

While an attorney involved in the case hopes for a divorce decree in a few weeks, State Attorney General Greg Abbott plans to appeal the ruling as a violation of the voter approved state constitutional definition of marriage as one woman and one man.

See Roy Appleton, Judge calls Texas’ gay-marriage ban into question, Dallas Morning News, Oct. 2, 2009.