Texas judge clears way for gay divorce, says gay marriage ban violates equal-protection right

  • metta

    Posts: 39099

    Oct 02, 2009 6:05 PM GMT


    Texas judge clears way for gay divorce, says gay marriage ban violates equal-protection right


    http://www.sfexaminer.com/nation/ap/63192707.html
  • Posted by a hidden member.
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    Oct 02, 2009 6:46 PM GMT
    Gay divorce what a shock! Since the couple is geting divorced I would thik these idiots would be in favor of the divorce. I guess in doing so that would have to acknowledge the union. What a mess! Cheaper to keep him!
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    Oct 02, 2009 6:48 PM GMT
    /popcorn
  • Mepark

    Posts: 806

    Oct 02, 2009 6:48 PM GMT
    Can someone explain how two men can get divorced in a state that does not recognize gay marriage in the first place. Am I missing a key point?
  • groundcombat

    Posts: 945

    Oct 02, 2009 6:54 PM GMT
    Not if you followed the link..
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    Oct 02, 2009 7:14 PM GMT
    Mepark saidCan someone explain how two men can get divorced in a state that does not recognize gay marriage in the first place. Am I missing a key point?

    The US Constitution requires all states to give full faith and credit to the acts of sister states, including marriages and divorces. Of course this conflicts not only with Texas state law but also the Clinton-era Defense of Marriage Act (DOMA) which purports to exempt gay marriage from the Full Faith and Credit clause.
    DOMA and the Constitution are of course irreconcileable which in the long run means that gay marriage in some states will eventually lead to gay marriage in all. This will be an interesting case to watch as it wends its way up the food chain to the Supreme Court.
  • Anto

    Posts: 2035

    Oct 02, 2009 7:37 PM GMT
    The excuse 'approved by voters', as if that magically makes whatever they approve of inviolate.
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    Oct 02, 2009 9:05 PM GMT
    Irony.... one is given the power to divorce before given the right to marry. So much for the "Sanctity of Marriage". icon_razz.gif
  • Tiller66

    Posts: 380

    Oct 02, 2009 9:30 PM GMT
    Ryan_Andrew saidIrony.... one is given the power to divorce before given the right to marry. So much for the "Sanctity of Marriage". icon_razz.gif

    Pricless point
  • Posted by a hidden member.
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    Oct 02, 2009 9:43 PM GMT
    The whole marriage ban thing is so typical of Texans. They'd like forcing their views on others, even when they're baseless.
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    Oct 02, 2009 10:07 PM GMT
    chuckystud saidThe whole marriage ban thing is so typical of Texans. They'd like forcing their views on others, even when they're baseless.


    The funny thing about it is that if you actually read the text of the bill it outlawed even common law marriage. Lots of common law marriage couples were fighting agianst the bill cause they were gonna be screwed and thats exactly what happened.
  • Posted by a hidden member.
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    Oct 02, 2009 10:17 PM GMT
    It's another example of the RR (Religous Rightwing nuts) trying to legislate their crappy beliefs about morality onto others.

    Unfortunately, most folks are complacent, and do nothing about it.

    Religion and those who practice it are a huge plague on civilization.
  • DCEric

    Posts: 3713

    Oct 03, 2009 12:37 AM GMT
    chuckystud saidReligion and those who practice it are a huge plague on civilization.

    Religion, in and of itself, is not evil. It is only evil when it is used to excuse poor behavior. Science has this same flaw.
  • waterman

    Posts: 70

    Oct 03, 2009 1:10 AM GMT
    TexDef07 said
    Mepark saidCan someone explain how two men can get divorced in a state that does not recognize gay marriage in the first place. Am I missing a key point?

    The US Constitution requires all states to give full faith and credit to the acts of sister states, including marriages and divorces. Of course this conflicts not only with Texas state law but also the Clinton-era Defense of Marriage Act (DOMA) which purports to exempt gay marriage from the Full Faith and Credit clause.
    DOMA and the Constitution are of course irreconcileable which in the long run means that gay marriage in some states will eventually lead to gay marriage in all. This will be an interesting case to watch as it wends its way up the food chain to the Supreme Court.


    All politicians of all stripes are happy with this, I'll bet. No matter what happens, they can blame the judges.
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    Oct 03, 2009 1:33 AM GMT
    jprichva said
    TexDef07 saidThis will be an interesting case to watch as it wends its way up the food chain to the Supreme Court.

    I've got my money on Ted Olson and David Boies.


    So do I. Does anyone know when they are due to argue their case in front of the Supreme Court?
  • Posted by a hidden member.
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    Oct 03, 2009 2:14 AM GMT
    So, somebody in Texas has awaken from the great collective Texas Coma?
  • Posted by a hidden member.
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    Oct 03, 2009 2:14 AM GMT
    DCEric said
    chuckystud saidReligion and those who practice it are a huge plague on civilization.

    Religion, in and of itself, is not evil. It is only evil when it is used to excuse poor behavior. Science has this same flaw.


    Religion in and of itself is evil.
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    Oct 03, 2009 2:30 AM GMT
    north_runner said
    jprichva saidFrom the
    TexDef07 saidThis will be an interesting case to watch as it wends its way up the food chain to the Supreme Court.

    I've got my money on Ted Olson and David Boies.


    So do I. Does anyone know when they are due to argue their case in front of the Supreme Court?

    It will be years before it gets to that level, if ever.
    The family court in Dallas is said to be ready to grant a decree of divorce. The Texas Attorney General will seek an order from an appeals court to stay the family court's order for lack of jurisdiction over a marriage not recognized as such by Texas law. Assuming the appeals court grants the order it would then be subject to appeal to the Texas Supreme Court. From there the losing side could seek review in federal court based on the federal constitutional issue.
    Long-term job security for the lawyers involved.
  • HotCoach

    Posts: 247

    Oct 03, 2009 3:24 AM GMT
    I heard that Gay Divorce will be the key to Gay Marriage.

    Remember "marriage" is a legal contract about property. All else can be gotten around.
  • Posted by a hidden member.
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    Oct 03, 2009 4:10 PM GMT

    taking your kids to visit your dying spouse in the hospital cannot be gotten around

    http://www.proudparenting.com/node/1315