According to a Dallas County judge, same-sex couples who are married in states that have legalized gay marriage are not allowed to divorce in the state of Texas.
In 2006, two men identified as J.B. and H.B. in court records were married in Cambridge, Massachusetts. The judge, state district judge Tena Callahan, ruled that the men could be divorced in Texas. However, months later, the decision was reversed. A three judge panel announced that Callahan's decision ruled against and violated the Equal Protection Clause of the 14th Amendment. Judge Kerry P. Fitzgerald stated, "We hold that Texas district courts do not have the subject-matter jurisdiction to hear a same-sex divorce case".
The men would be able to divorce in Massachusetts, but not until the Dallas resident regained legal residency there.
If you or someone you know is considering filing for divorce, contact the Raleigh divorce attorneys of Marshall & Taylor P.C. at 919-833-1040 to learn more about your rights.