Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Wednesday, September 1, 2010

Texas Court Denies Same Sex Couple the Right to Divorce

The Dallas Court of Appeals ruled yesterday that a gay couple legally married in MA had no right to a TX divorce.  From CBS News:

"A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage," Justice Kerry P. Fitzgerald wrote on behalf of three Republican appeals court justices. "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."

The court applied rational relationship review, finding that sexual orientation did not create a suspect class and that there is no fundamental right to same sex marriage.

Read more news coverage here or the court's opinion here.


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