Sunday, October 4, 2009

Is Texas' Ban on Gay Marraige Unconstitutional?

A judge out of Dallas thinks so. Two men who were married a few years ago in Massachusetts and then moved to Texas came to her courtroom on Thursday seeking a divorce. Legally, since they have residency here in Texas, it was the only state they could be divorced in. Rather than trying to make any kind of narrow ruling, the judge said that our state's ban on gay marriage violates the guarantee of equal protection.

I think this is a big step. And it was an interesting way to take it. After all, in order to legally release someone from a marriage, you have to recognize it as a legal marriage in the first place. I don't even have to dust off my crystal ball to tell you to expect some interesting litigation (and some unnecessary slandering) in the near future.

Here's a link to the Dallas Morning News article about it:


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