Friday, October 02, 2009

Same-sex 'Marriage:' Texas Judge Overrules 75% of Voters

A Dallas judge ruled that the Texas constitutional amendment that defines marriage as between one man and one woman violates the constitutional guarantee to equal protection under the law.

-- From "Court to hear gay divorce in Texas, despite gay marriage ban" Reuters 10/2/09

A judge in Dallas ruled on Thursday that the state court on which she sits has the jurisdiction to hear a divorce suit by a gay couple who were married outside Texas where same-sex marriages are banned.

Dallas District Judge Tena Callahan said in the ruling that her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction and who meet the residency and other prerequisites required to file for divorce in Dallas County, Texas."

Texas Attorney General Greg Abbott immediately said he would appeal the ruling in the latest battle over gay marriage in the United States.

Forty U.S. states have laws explicitly prohibiting gay marriages and the issue, along with abortion rights, is among the most divisive in America.

To read the entire article above, CLICK HERE.

From "Dallas Judge Shoots Down Texas’ Ban on Gay Marriage" by Ashby Jones, The Wall Street Journal 10/2/09

Gov. Rick Perry said state lawmakers and voters have repeatedly affirmed marriage as being between a man and a woman. “I believe the ruling is flawed and should be appealed,” Perry said.

“The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman,” Abbott said in a statement. “Today’s ruling purports to strike down that constitutional definition — despite the fact that it was recently adopted by 75 percent of Texas voters.” Abbott has argued that because the state doesn’t recognize gay marriage, its courts can’t dissolve one through divorce.

To read the entire article above, CLICK HERE.