Texas appeals court says gay couples legally married in other states can’t divorce in Texas

By Jamie Stengle, AP
Tuesday, August 31, 2010

Court says gay couples can’t divorce in Texas

DALLAS — A Texas appeals court says gay couples legally married in other states cannot divorce in Texas, where same-sex marriages are banned.

The 5th Texas Court of Appeals ruled Tuesday that a Dallas judge didn’t have jurisdiction to grant a divorce to two Dallas men who wed in Massachusetts. The court also says Texas’ same-sex marriage ban is constitutional.

The state attorney general had appealed the district judge’s October ruling that granted the men a divorce and found the ban violates equal rights guaranteed by the U.S. Constitution.

The Dallas men married in 2006 in Massachusetts and separated two years later. They’re referred to only as J.B. and H.B. in court filings.

An attorney for J.B. says they haven’t decided whether to appeal to the Texas Supreme Court.

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