A gay Dallas man who married his husband in 2006 when they lived in Massachusetts has filed what is believed to be Texas’ first same-sex divorce petition.
The petition, filed Wednesday, Jan. 21 in Dallas County’s 302nd District Court, sets up a legal showdown over whether Texas courts can grant divorces to same-sex couples who’ve married in other states.
Texas, which has a constitutional amendment defining marriage as the union between a man and a woman, doesn’t recognize same-sex mariages from other states. In 2003, the state Attorney General’s Office ruled that a same-sex couple from Beaumont couldn’t use a Texas court to dissolve the civil union they obtained in Vermont.
But Dallas attorney Peter Schulte, who’s representing the man who filed the divorce petition, argued that a marriage is not the same as a civil union. Schulte noted that his client can’t obtain a divorce in Massachusetts or elsewhere because all 50 states have a residency requirement for divorce.
“We can maybe understand that the state [Texas] doesn’t recognize the right for same-sex couples to marry — fair enough,†Schulte said. “But if other states recognize the right, there has to be a way for those couples to dissolve their relationship under the laws of any state they choose to live in. This is a fundamental rights issue for gay couples in this state. Gay couples should not be restricted on what state they live in.â€
Although the divorce petition is a matter of public record, Schulte asked that his client not be identified by name in this article because he is not out as gay to his employer. Schulte said the man and his husband, who’ve been together for 11 years, are seeking the divorce as a result of irreconcilable differences.
One gay-rights attorney said he fears the case could undermine LGBT equality by establishing a bad legal precedent. Ken Upton, a senior staff attorney for the South Central Office of Lambda Legal, a national LGBT civil rights group, said the case is likely to be appealed to the Texas Supreme Court, which would undoubtedly interpret the constitutional amendment to mean that the couple cannot obtain a divorce here.
Upton was among legal experts who in 2008 warned same-sex couples from Texas against traveling to California to get married, in part because they wouldn’t be able to obtain divorces.
For more on this story, including my interview with Schulte’s client, see Friday’s Dallas Voice.
This seems like just a trick to get Texas to recognize the so-called marriage – which granting a so-called divorce would do.
Well this is just too faggoty for words
What does Equality Texas have to say it? nada? or how about give us 100 dollars a month then we will talk to you
What does Equality Texas have to say it? nada? or how about give us 100 dollars a month then we will talk to you
What does Equality Texas have to say it? nada? or how about give us 100 dollars a month then we will talk to you
What does Equality Texas have to say it? nada? or how about give us 100 dollars a month then we will talk to you
@Jason in Tyler–Damn!…Say what you feel then. LOL!
Next thing you know, people will wanna divorce their siblings. Waaaa….
Leave marriage to religions who can divide and conquer this subject anyway they like. Civil Unions between those of the same or opposite sex should be the only form recognized by the government. This arrangement would solve all of our problems.
I’m surprised this case in Texas hasn’t been overturned or upheld since Sept. 2000.
https://seattlepi.nwsource.com/national/marr07.shtml
Headline:
Lesbian wedding allowed in Texas by gender loophole
Same-sex union allowed because one was born a man
Apparently some marriages are defined by chromosomes and/or transsexuality.
Oh, and shouldn’t the line be “files for same-sex divorce petition”?
is it my imagination or do a lot of stories on this blog get comments in the same vein as the first two bigots? this has always struck me as odd, why such upstanding, pious, presumably heterosexual people would be reading the dallas voice. am i missing something here?
oh, and by the way david, from my understanding it’s not a “so called marriage”, it’s a marriage. granted by a state with a better sense of fairness for all of it’s citizens, not just those that happen to be heterosexual. i am sick to death of the homophobia exhibited by mindless idiots.
Yep, Texas is still full of rednecks!!
Hi everyone! I totally recommend going to Dallas Morning New’s website today. It’s one of the top stories on the site and read the comments from some of our local idiots. I found it amusing and sad all at the same time.
Some good questions here. The two men were married in MA and then moved to Texas. Texas doesn’t recognize their marriage. So does that mean they are already divorced and don’t need to go to court? And if not, why not? What if one of the men is bisexual and now wants to marry a woman in Texas. Would TX let him without getting a formal divorce? Or would they say he can’t marry someone else because he hasn’t gotten a divorce? And if they say that, doesn’t that mean they then ARE recognizing the marriage?
Oh boy, what a mess. For heaven’s sake, why can’t we just let people marry who they want and be happy?
John to answer your question – the men are still legally married in the state of MA.
MA tells the couple that they must file in their home state due to a residency requirement.
All states require a waiting period for any couple, gay or straight to file for divorce.
In theory, they could give up their lives, their friends, their jobs, their family and move back to MA for a year only to file for divorce and then return to Texas. No straight couple has that requirement and would never be asked to do that.
There was a good news article on Channel 11 last night and it looks like the guys want one thing – other than privacy which seems that they won’t get if you’ve taken a look at the attention this one is getting. It’s like a feeding frenzy out there.
It seems that they want to protect their assets i.e I guess that one of them could come back after the others pension or insurance or anything for the rest of the other ones life if I am understanding the issue correctly.
Somehow after what these guys are being put through, I can’t imagine them or any gay couple ever wanting to marry in any state again until true equal rights are given to all LGBT peoples. Until then, LGBT people are caught in a no-win situation no matter what they do.
Tell me why this gay guy is afraid to come out of the closet all these years to his employer if he feels what he’s doing is right in God’s eyes? He knows that he’s sinned and he ISN’T “married”. This is utterly ridiculous. Oh, and by the way..I’m not a “redneck from TX”. I’m from California where there are a lot of disgusting Gays.
I don’t think the man in the case has ever mentioned God or religion Culby. I believe it is an issue that all people are created equal under the law.
Perhaps if we pass a law that people from California cannot post to sites outside their home state – you would be bothered? Oh sorry, bashing people is not a “sin” in your book, right?
Check your references carefully before you cast the first stone. You’ll have to line up with him if he’s a sinner at this point.
no, culby, what is utterly ridiculous and disgusting is people basing laws on belief in a god that nobody can prove to me exists. get your religion out of my bedroom. and also, i think your “god” would be ashamed of you referring to people as disgusting without ever knowing them.
Marriage and Civil Unions are a State Approved and Paperwork Required State of Being. Religion is secondary to state laws and should not be involved in any way to people getting married or divorced.
Brian, people have a right to believe however they want and because of the 1st ammendment they have a right to express their opinion. NOW… homophobic? Because someones belief system is different than yours all of sudden you get to call them a name, I think that attitude falls under the label of a little queer (as in odd).
As For the divorce, if gay marraige isn’t recognized in Texas then you need to change the law. Just like the rest of us would need to do if we didn’t agree with something. Gay doesn’t spell “Special Treatment” (like you obviously think it does. It spells… G A Y
PS Try to find God in your life. heathen. Maybe you won’t be so bitter
It’s absolutely pathetic that in the year 2010 CE there are still so many stupid, bigoted, discriminatory people alive on this little mudball. Sometimes I wonder if we’ll EVER get to the point where the world is filled with intelligent, empathetic, rational people who care about everyone else equally. For all of you people who would deny these gay people, or ANY people the same rights, privileges, and protections as the rest of us: You should be ashamed of yourselves. You probably would be if you were decent enough and intelligent enough people. The fact that you aren’t ashamed illustrates the fact that you are neither decent, nor intelligent. Grow up, please. You dishonor the memory of all of those many brave people who fought and died for ALL of us to have the rights which we all hold dear…E Pluribus Unum.
Gay Couples Wanted!
Commitment Ceremonies Available!
Please Contact
Duane Landziak
(Wiccan Clergy)
214-628-6043
The Sandwich Shop is going on Front Street with our support of the Gay Community. We would like to find Gay couples who are interested in a commitment ceremony.
Please help us promote this … We believe in equal rights for Gay and Lesbian couples and we believe this is an effective way to get attention to this issue.
Thank You!
Blessed be and wonderful to see the fabulous work you are doing in Sacto. As a bisexual person I am thrilled to see such a strong fight for love carried on! Give my best to Gwideon.
Merry shall we meet again,
Ardwinna