Texas court hears state’s appeal of divorce granted to gay couple in Dallas

By Jamie Stengle, AP
Wednesday, April 21, 2010

Texas court hears state’s appeal in gay divorce

DALLAS — A lawyer for a Dallas man trying to divorce the man he wed in Massachusetts told a Texas appeals court that his client is entitled to a divorce because he had a valid marriage.

Jody Scheske (CHEHS’-kee) represents a man listed in court records only as “J.B.” He told a three-judge 5th Texas Court of Appeals panel Wednesday in Dallas that the state judge who granted the divorce can hear divorce cases from people with valid marriages.

But Assistant Texas Solicitor General Jimmy Blacklock argues the marriage isn’t recognized by Texas and that the union can only be voided.

The state is also appealing an Austin judge’s granting of a divorce to two women.

The couple wed in 2006 in Massachusetts, where gay marriage is legal, and separated two years later.

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