April 21, 2010
TX appellate court to hear arguments in same-sex divorce case
Last year a local judge in Texas granted a divorce to a same-sex couple who had been legally married in Massachusetts. The decision was controversial, since Texas does not recognize same-sex marriages. The Fort Worth Star-Telegram reports:
The question of whether same-sex couples who marry in other states should be able to divorce each other in Texas — a state that only recognizes marriages between one man and one woman — heats up Wednesday when it goes before an appeals court in Dallas.
The case expected to draw national attention involves two Dallas men, identified in court documents as "J.B." and "H.B." who married each other in Massachusetts in 2006 and now want a divorce. State attorneys will argue to the 5th Court of Appeals Wednesday why that should not happen in Texas.
This is the first such case in Texas to be appealed to a higher court — and one that could go all the way to the Texas Supreme Court before a precedent-setting ruling is delivered, political observers say.
April 20, 2010
Analyses of argument in Christian Legal Society v. Martinez
Our colleague Ruthann Robson at Conlawprof blog has an insightful analysis of yesterday's Supreme Court argument in a case that pits a law school non-discrimination policy against the associational rights of Christian students. Scotusblog veteran reporter Lyle Denniston has another analysis here. The transcript is here.
April 19, 2010
Supreme Court to hear arguments on whether public law school can deny recognition to Christian group that discriminates against gays
NPR has a preview of the arguments in Christian Legal Society v. Martinez, which promises to become a landmark case on freedom of association, gay rights, and whether discriminatory religious groups are entitled to public funding and other benefits. Specifically, the case tests "whether state colleges and universities can deny official status and subsidies to student groups that bar homosexuals and other groups from membership. The case could affect public colleges and universities across the country, and it puts the court in the middle of a long struggle by Christian activists who contend that their rights are violated on campus by secular rules."