Dallas Judge Paves Way for Gay Couple to Get Divorce

In what may be the spark for a challenge to Texas' ban on gay marriage, a Dallas judges has ruled that the ban is unconstitutional and that her court has jurisdicition to hear a divorce case involving a same sex couple married legally in another jurisdiction. Judge Tena Callahan's ruling that the Texas' bans on same-sex marriage violates the constitutional guarantee to equal protection under the law will no doubt get many freepers and Christianists foaming at the mouth and writhing with convulsions. God forbid that equality under the law actually mean equality. Personally, I have always believed that anti-gay marriage bans and discrimination against gays is unconstitutional both under equal protection arguments AND under freedom of religion guarantees. Here are some highlights from the Dallas Morning News:

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In a first for Texas and a sweeping rejection of the state’s ban on gay marriage, a judge has cleared the way for two gay Dallas men to divorce.

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A voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions. And the Texas attorney general had intervened in the two men’s divorce case, arguing that since a gay marriage isn’t recognized in Texas, a Texas court can’t dissolve one through divorce.

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But Dallas state District Judge Tena Callahan ruled Thursday that the state's bans on same-sex marriage violates the constitutional guarantee to equal protection under the law. She denied the attorney general’s intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."

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In a prepared statement, Attorney General Greg Abbott said he would appeal the ruling “to defend the traditional definition of marriage that was approved by Texas voters. “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 per cent of Texas voters.”

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I applaud Judge Callahan for her courage and straight forward reading of constitutional guarantees. The majority has no right to vote away the rights of minorities and anti-gay marriage amendments have created a very dangerous precident.