Texas Court Rejects Gay Couple's Divorce Petition

September 01, 2010

(The Christian Post) - "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," Justice Kerry P. Fitzgerald wrote in the opinion for the 5th Texas Court of Appeals.

The ruling was handed down to a gay couple, identified only as J.B. and H.B., who married in Massachusetts, where same-sex marriage is legal, in September 2006. The couple moved to Texas in 2008 and they ceased living together in November that year. J.B. filed a petition for a no-fault divorce.

A district judge ruled last year in favor of hearing the case, declaring that the state marriage amendment and Defense of Marriage Act violate the federal constitutional right to equal protection under the Fourteenth Amendment.   Read More...

CLICK HERE to read a blog that analyzes this case in context.