Gay Married Couple Can't Get A Divorce In Texas
You'd think those a-holes would be all up for dissolving a marriage!
According to the 5th Texas Court of Appeals, same-sex couples legally married in other states cannot get divorced in the Lone Star State.
The court ruled that a Dallas district court judge did not have the authority to hear a divorce case between two men who were married in Massachuetts, since gay marriage is banned Texas.
Spokesman for Republican state Attorney General Greg Abbott said:
"Today's court of appeals decision overruled the district court's improper ruling, confirmed the constitutionality of Texas' traditional definition of marriage and correctly found that Texas courts lack the legal authority to grant divorces to same-sex couples."
Abbott appealed after Democratic Judge Tena Callahan did claim to have jurisdiction and dismissed the state's attempt to intervene. She also ruled that the state could not limit marriage to a man and a woman, but the appeals court ruled that a gay marriage ban was constitutional.
Justice Kerry P. Fitzgerald said:
"A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage. Texas law, as embodied in our constitution and statutes, requires that a valid marriage must be a union of one man and one woman, and only when a union comprises one man and one woman can there be a divorce under Texas law."
BOOOOOOOOO!!!!!
The men who are seeking a divorce, only known as J.B. and H.B, separated after being married for two years. The two had no children and the split was amicable.
And the reason that the two were seeking a divorce as opposed to voiding their marriage was because spousal support and community property laws only apply in divorce cases.
"It's deeply disappointing to see courts deny same-sex couples equal treatment under the law," said Jennifer Pizer, a lawyer for Lambda Legal, which promotes equal rights for GLBT people.
So sad. EQUALITY FOR ALL!!!!!
Jon Wanted To Extort Kate!!!
Legend! New Rick Astley!!!
you shouldn't say texas sucks…i'm sure you have fans there and that is a major insult. imagine if someone posted a picture of mejjixo or wherever you're from and said it suckd!
It's called "state's rights" if you haven't heard of the constitution before?? So bright but yet so dumb!!!
"The two had no children" - well…DUH! They're fudgepackers, Mario.
Sexual perverts should not be granted special rights.
perez, the only reason you want equality for all is because no one will ever marry you.
Big question is…why the hell were they living in TEXAS?
This is why as a gay man I am not in favor of Gay Marriage. They were together two years?!?! Seriously the meaning of marriage has been ruined over the last twenty years by all the straight people who marry and then divorce why do gays want to be part of that, and this couple together only two years now wants a divorce this is exactly what the straights want to see. Gay people need to wake up and see that we dont need what the straights have ruined already!!!
If they don't allow gay marriage what makes you think they would allow them to get a divorce? You need to have legal standing with the state to get it.
sometimes it's hard to look at stuff on your website. you have great fluff pieces, but every now and again you put up something of substance and ad your own twinge of bias to it. yes i am for gay rights. BUT, if according to a state's constitution, they do not recognize gay marriage, how can they turn around and acknowledge gay divorce? there have been several other posts on this site that you should have really thought about what you were about to say before you said it. you preach for equality for all, but it seems at times to only apply to people that have the same beliefs as your own. is that really equality for all?
Ya'll cried to get married, now ya'll are crying to get divorced. Shouldn't be allowed to after all the fuss you guys made to get married in the first place!
why don't they just go somewhere else to do it?
mm ya i don't have a problem with this. he doesn't have legislation to go by. if texas had a law about it then yes, it would be an issue.
This couple should go back to manhattan for their divorce. Easy, although inconvenient.
Texas doesn't want to deal with something they don't even allow in the first place. Those are the laws they uphold and that's the way it is, so too bad.
No matter what your opinion is on the matter, to call the WHOLE state of Texas "a-holes" is pretty fucking ridiculous, don't you think??
Fuck Gay Marriage…gays make up less than 2% of the population ( that includes those that are born with that defect as well as those who think they are ) but yet they want to change a religious cerimony that dates back thousands of years. Absolutley ridiculous especially when the hid behind some bullshit remark like "equal rights". Gays can get married civil so what it the big deal, if they want to have a religiious cerimony than do like everyone else and find a nice girl and settle down with her — there, all is equal.
you dumbass, texas is being equal - they say "no gay marriage" which means "no gay divorce" - if they want divorced so bad, go to the state that married them to begin with……..or maybe, just maybe, they should've really thought about if being married was what they both truly wanted (until death do them part) instead of doing it to say "Look at us!!! We're married gay men!!"
I really worry about you sometimes, Piggy. You just really don't think things through. Which is particularly worrisome because I know you aren't stupid. They can't divorce them because there is nothing to divorce. The state doesn't recognize that they are married.
Texas sucks? No buddy - you suck!! Texas doesn't even recognize this kind of "marriage" why would it be dissolved there?
Re: Mr. Strat – funny that you took the time and effort to come onto the site, make an account and all you do is be horrid about gay people.
being a Texan I just have to say: YOU SUCK. well, of course you do, duh. I'm for equality, but this is a firm example of people trying to take advantage of a system. First they were only 'married' two years. If gays want their 'marriages' recognized so bad it would stand to reason that they should do their best to avoid divorce. Second TX is a community property state which means everything is divided in 1/2 when a 'marriage' is disolved. Why don't they go back to the state that married them and petition for a divorce? Or since their 'marriage' isn't recognized in TX can't they just divide their assests and move on… TX is only following the laws on their books.
Sorry, P - Texas has my vote. All these homos demanding equal rights to get married, and what do they do? Want a f'n divorce. Yah, yah, hetros do it all the time, but you would think after the fight to get married, they would stay that way for awhile. They're making a mockery of the cause.
That makes perfect sense to me. If there is no legal state standard for same sex marriage, then there is no legal state standard for same sex divorce. Why does that make Texas bad?
Um, why would you seek to get a divorce in a state that won't even let you get married? It would be like me trying to buy medical marijuana in Oklahoma. It's just not gonna happen there - no matter what I may think!
Sounds like they're just trying to stir up some drama.
You wanted to get married so damn bad, now you want a divorce!? Make up your damn mind!!!!!!!!
Do they even realize how fuckin stupid and ignorant it sounds "gay marriage is banned in texas" shit, its ridiculous.
Re: Mr. Strat – Wtfffff is your problem? What kind of straight man reads perez? Get the fuck out of here you creep ass
Why would you even care? if you are getting married why would divorce even be on your radar? plus, why fight so hard for the right to marry, only to complain that you cant get divorced? Im all for same sex marriage, I think everyone deserves the right to be happy. However I also feel that marriage is for life, doesnt matter if your blue purple gay or straight.
First of all - you never say Texas sucks. We are proud of being Texans and it's offensive.
Secondly - first we are fighting for gay marraige. Now we are fighting for gay divorce. Which is it? Do you want to be married or divorced? Make up your mind! Maybe this type of wishy washy decision making is part of why Texas voted not to allow either.
Re: buck – You're a piece of shit.
Re: ilikecookies0 – Perez's family is from Cuba not Mexico lol. But I do agree with your point.
LMAO…. oh lord. Let the divorces begin. We're such followers, we are.
Perez if you think TX sucks quit comming down to Austin for SXSW….phat ass!
texas doesn't recognize gay marriage…kind of makes sense they wouldn't have anything to do with a gay divorce. dumbass. oh, and fuck you, texas rocks.
perez you are a fucking idiot, this is common sense, and the to the two idiots that are getting divorced, dont you feel like idiots now? you fight so hard to get married and you divorce so soon. pathetic.
Bwahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaahahahahahahahahahaha!!!!!!!!!!!!!!!!!
Re: buck – you might be the stupidest person i've ever heard a comment from. all of your information is false.
Re: buck – Do you have even the slightest idea what you're talking about? Marriage is not only a religious ceremony. People have been getting married over time for many reasons, not all of them religious. You are aware that actual marriage comes along with benefits that civil unions do not, right? Or are you just someone who takes a stance on an issue with no proper basis? Yeah, probably.
and Re: Mr. Strat – Really? Sexual perverts? You're an idiot.
Well they fight so damn hard for marriage maybe they shouldnt be allowed to get a divorce.And I can understand why Texas wont give them their divorce if its not legal to get married down there then it makes sense that they shouldnt be allowed to get divorced down there either.Also Texas does not suck its awsome.
I live in Texas and law is law. The couple got married in Massachusetts I believe, and so they should have to get a divorce there. Texas, by law, does not recognize their marriage as being a valid one.
you think we suck so bad? come back to austin and tell us austin sucks. see how many sawed off shot guns you get stuck in your face. you ont like us, dont come here. not everyone is for gay rights. texas has laws jerk. they didnt get married here, they're not going to get divorce. they need to go back to where they got married if they want it so bad. texas doesnt recognize gay marriage anywayz so whats the problem? and texas rocks ahole. Lone Star Proud!
Hey, Texas is volunteering all of its lawyers to lose divorce revenue. Times are tough, and business is business. That's not like Texas.
Re: ChicagoGay –
What the fuck ever happened to being accountable to your own failed fucking relationship, you piece of douche.That absolutely makes no sense, how the hell can "straight" people ruin marriage for gays? Marriage isn't even meant for people of the same sex…Oh watch the shit… so the fuck what…
Oh and Perez you're a dumbass, you're all for equal rights except when it comes to the gays, which case you don't want equal rights at all. You want priviledges no one else would be entitled too. Like going over the head of a LAW! Stupid bitch.
Re: buck – For the 1000th time Buckwad: Same sex civil marriage does not seek to change your religious 'cerimony' (sic.)
Re: cap chick – Article Four of the Constitution states "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." By seeking a divorce in Texas the estranged couple were evoking the Constitution.
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Frankly, I offer my thanks to the Fifth District court because I am confident that each individual example of inequality, in this case Texas' mini-DOMA, will contribute to building the best case possible for marriage equality.