Texas Appeals Court Says Trial Judge Lacked Jurisdiction to Order Same-Sex Divorce
Tuesday, August 31st, 2010
Reversing a trial court, a Texas appellate panel has ruled that the judge lacked the power to divorce a same-sex couple who married in another state. Although same-sex marriages are prohibited in Texas, District Judge Tena Callahan found that the 14th Amendment of the U.S. Constitution required the state to grant a same-sex couple married elsewhere a divorce on equal protection grounds. However, the the Fifth District Court of Appeals in Dallas said the state the lacked the jurisdiction to grant a divorce under such circumstances, reports the Dallas Morning News. Attorney Peter Schulte of Dallas represents one of the…