Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Court says gay couples can't divorce in Texas
AP ^ | 8/31/2010

Posted on 08/31/2010 4:30:19 PM PDT by markomalley

DALLAS – A Texas appeals court said Tuesday that gay couples legally married in other states cannot get a divorce in Texas, where same-sex marriage is banned.

The 5th Texas Court of Appeals ruled that a Dallas district court judge didn't have the authority to hear a divorce case involving two Dallas men who married in Massachusetts in 2006.

The state had appealed after Judge Tena Callahan said she did have jurisdiction and dismissed its attempt to intervene.

Callahan also ruled that the state couldn't limit marriage to a man and a woman, and the appeals court overturned that ruling as well, saying Texas' ban on same-sex marriage was constitutional.

"A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage," Justice Kerry P. Fitzgerald wrote on behalf of the appeals court. "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 appeals court ordered the case be sent back to Callahan, who must vacate her order.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Culture/Society; Government; US: Texas
KEYWORDS: homosexualagenda; homosexualmarriage; moralabsolutes; pervertedmarriage; texas
Navigation: use the links below to view more comments.
first 1-2021-27 next last
Some sanity.

Of course it won't last.

1 posted on 08/31/2010 4:30:21 PM PDT by markomalley
[ Post Reply | Private Reply | View Replies]

To: markomalley

Obviously, if you grant gays the right to divorce, you are acknowledging they have the right to marry in the first place. It’s a (ahem) backdoor attempt to recognize gay marriage in a state where they know it would not be accepted outright.


2 posted on 08/31/2010 4:33:24 PM PDT by OrangeHoof (Washington, we Texans want a divorce!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Not being able to divorce might be just the deterrent that’s needed!


3 posted on 08/31/2010 4:34:15 PM PDT by anniegetyourgun
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

Let them have divorces, alimony payments and the whole works. If they want to fight for the right to play house, they should get the adult parts of marriage too.


4 posted on 08/31/2010 4:35:01 PM PDT by sbMKE
[ Post Reply | Private Reply | To 1 | View Replies]

To: sbMKE

But how does a judge decide which one’s the “man” and gets screwed over?


5 posted on 08/31/2010 4:36:56 PM PDT by GOPsterinMA (Vote McCarthy (MA-6)/Bielat (MA-4). MA-4 is Bwaney's district.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: markomalley

Praise the Lord! I kept waiting for this decision to come down; fearing the worst. This is my home.


6 posted on 08/31/2010 4:44:37 PM PDT by fwdude (Anita Bryant was right.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley
This is the website of the liberal judge involved:
http://www.judgecallahan.com/

Looks like the smug bitch is up for re-election. If you live in Dallas County she needs a good Freeping at the polls.

7 posted on 08/31/2010 4:49:54 PM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

The title is even askew. Stating that homosexual couples can’t divorce in Texas is implying that it’s a remote possibility but not allowed. We need to wrest the language back from the pervs and belittle anyone would would suggest that an apple is not “allowed” to fall up.


8 posted on 08/31/2010 4:56:42 PM PDT by fwdude (Anita Bryant was right.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley
Among reasons J.B. argued for a divorce instead of a voidance were that spousal support and community property laws only apply in divorce cases. The appeals court said those issues are policy arguments that must be addressed by the Legislature.

Bravo for the appeals court! If a property division is their only worry, why not draw up a private contract between the partners and deal with it? No need for activist games. This is Texas, not the liberal Northeast, boys.

9 posted on 08/31/2010 4:59:24 PM PDT by NonValueAdded ("Obama suffers from decision-deficit disorder." Oliver North 6/25/10)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NonValueAdded

Only steers and queers come from Texas, Private Cowboy


10 posted on 08/31/2010 5:05:19 PM PDT by dragnet2
[ Post Reply | Private Reply | To 9 | View Replies]

To: dragnet2

lol


11 posted on 08/31/2010 5:08:59 PM PDT by NonValueAdded ("Obama suffers from decision-deficit disorder." Oliver North 6/25/10)
[ Post Reply | Private Reply | To 10 | View Replies]

To: NonValueAdded
No need for activist games.

The whole drama, from start to finish, was an activist game, orchestrated from the beginning with the intention to crack the foundations of a sane society. They play innocent - "we just wanted to move on with our lives, no activism here" - but their insideous scheming is obvious. These two from Texas go to Mass. to get "married," so called, knowing that it would have no meaning here in Texas. So they stay together for 2 years and then "decide" to split up. How convenient.

Don't think that these homo-nihilists didn't have ample backing from well-funded homosexual legal groups, even from their first decision to go to Massachusetts. These anarchists will destroy lives, even those of children, to make their point, and impose their world view.

12 posted on 08/31/2010 5:12:05 PM PDT by fwdude (Anita Bryant was right.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: markomalley

The Texas Court did more than hold that the homosexuals couldn’t get a divorce, they specifically ruled that the United States Constitution does not prohibit the Texas Defense of Marriage Amendment. Applying FEDERAL precedent under the 14th Amendment, the Texas Court demolished the pervert’s “reasoning” regarding the Constitutionality of traditional marriage laws. Strangely, the media is virtually silent about this. They barely mention this in the story, AND I can only find one news link to this on the Google News Feed. By contrast, when the pervert homosexual Walker issued his “opinion” there were THOUSANDS of stories.


13 posted on 08/31/2010 5:12:27 PM PDT by freedomwarrior998
[ Post Reply | Private Reply | To 1 | View Replies]

To: OrangeHoof
> It’s a (ahem) backdoor attempt...

"Ahem" indeed.

They want a divorce? The two guys got together, why can't they stick together?

No, wait, let me rephrase that... :)

14 posted on 08/31/2010 5:12:53 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: GOPsterinMA
> But how does a judge decide which one’s the “man” and gets screwed over?

Maybe they take turns for who comes out on top?

15 posted on 08/31/2010 5:14:00 PM PDT by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: OrangeHoof

Inter-state conflict — that’s a big danger posed by gay marriage. Libertarians say so what? How does it hurt YOU if Bob and Steve get married on the other side of the hill?

But soon enough, Bob and Steve will come over the hill with a phalanx of liberal judges. Those judges will force YOUR state to accept gay marriage. Those judges will force YOUR churches to limit their public activities, force gay quotas on YOUR business, and force gay education upon YOUR children.

Bob and Steve don’t just stay on the other side of the hill.


16 posted on 08/31/2010 5:15:40 PM PDT by heye2monn
[ Post Reply | Private Reply | To 2 | View Replies]

To: freedomwarrior998
Strangely, the media is virtually silent about this.

I have yet to check the major D/FW newspapers online for this story, but it will probably be buried in an obscure link somewhere, if at all.

17 posted on 08/31/2010 5:16:18 PM PDT by fwdude (Anita Bryant was right.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: dayglored

I hope you’re not suggesting the feller just leaves his friends behind.


18 posted on 08/31/2010 5:17:02 PM PDT by Billthedrill
[ Post Reply | Private Reply | To 14 | View Replies]

To: heye2monn
Bob and Steve don’t just stay on the other side of the hill.

Very well said - your entire post. I'd like to post my north Texas city's newly updated "non-discrimination" ordinance, now with tranny/crossdresser/identity mandates, to prove your point only too clearly.

19 posted on 08/31/2010 5:20:06 PM PDT by fwdude (Anita Bryant was right.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Billthedrill

lol


20 posted on 08/31/2010 5:21:40 PM PDT by George from New England (Escaped CT in 2006, now living north of Tampa)
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-27 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson