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


http://www.sfexaminer.com/nation/ap/63192707.html

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!

/popcorn

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?

Not if you followed the link..

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.

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.

The excuse 'approved by voters', as if that magically makes whatever they approve of inviolate.

Irony.... one is given the power to divorce before given the right to marry. So much for the "Sanctity of Marriage".

Ryan_Andrew saidIrony.... one is given the power to divorce before given the right to marry. So much for the "Sanctity of Marriage".

Pricless point

The whole marriage ban thing is so typical of Texans. They'd like forcing their views on others, even when they're baseless.

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.

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.

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.

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.

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?

So, somebody in Texas has awaken from the great collective Texas Coma?

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.

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.

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.

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

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