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 ...
Of course it won't last.
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.
Not being able to divorce might be just the deterrent that’s needed!
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.
But how does a judge decide which one’s the “man” and gets screwed over?
Praise the Lord! I kept waiting for this decision to come down; fearing the worst. This is my home.
Looks like the smug bitch is up for re-election. If you live in Dallas County she needs a good Freeping at the polls.
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.
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.
Only steers and queers come from Texas, Private Cowboy
lol
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.
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.
"Ahem" indeed.
They want a divorce? The two guys got together, why can't they stick together?
No, wait, let me rephrase that... :)
Maybe they take turns for who comes out on top?
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.
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.
I hope you’re not suggesting the feller just leaves his friends behind.
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.
lol
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