A Dallas judge ruled Thursday that Texas' ban on gay marriage is
unconstitutional as she cleared the way for two gay men to divorce,
the Dallas Morning News reported.
State District Judge Tena Callahan said the state's bans on same-sex
marriage violates the constitutional guarantee to equal protection
under the law.
While the Texas attorney general had stepped into the case to say that
because a gay marriage isn't recognized in Texas, a Texas court can't
dissolve one through divorce, Tena denied the intervention.
The two Dallas men in the case married three years ago in
Massachusetts, the first state to allow gays to marry.
Ruling Clears Way for Gay Dallas Couple to Divorce
Ruling Clears Way for Gay Dallas Couple to Divorce
WATCH
Ruling Clears Way for Gay Dallas Couple to Divorce
"This is the first time that a same-sex marriage is allowed to be
divorced in Texas, which is big," said Pete Schulte, the attorney who
represents one of the men.
Schulte said Texas was the only place where they could file for
divorce because they live in the state and have established residency.
"I have a feeling there are going to be opponents who say this is
going to allow the floodgates of gay marriage to open, and I disagree
that," he said. "Gay marriage and gay divorce are two different
things."
Attorney General Greg Abbott released a statement saying that he will
appeal the ruling.
"The laws and constitution of the State of Texas define marriage as an
institution involving one man and one woman. Today's ruling purports
to strike down that constitutional definition -- despite the fact that
it was recently adopted by 75 percent of Texas voters," he said.
Lashard Williams, a supporter of gay marriage, said he believes the
judge's ruling is a step in the right direction.
"One day, I might decide to get married, and I'm born and raised here
in Dallas, and I'd like to do it here in Texas," he said.
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