A Texas appeals court reversed a lower court ruling on Tuesday – and the hopes of gay activists – when it ruled that a same-sex couple, who married in Massachusetts, could not obtain a divorce in the state.
The 5th District Court of Appeals in Dallas wrote that, in light of the 2006 constitutional amendment protecting marriage, “We hold that Texas district courts do not have subject-matter jurisdiction to hear a same-sex divorce case.”
The decision further stated that the state – either through a legislative or a ballot-driven action –would have to first recognize the marriage, in order to grant the divorce.
Kelly Shackelford, president of Liberty Institute, called the unanimous reversal a strong and very well-written decision, which could have a bearing on several cases pending at the federal level – including California’s marriage amendment challenge.
“The very kinds of arguments that were used in California were used here,” Shackelford said, “and were appropriately and completely rejected as being invalid.”
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