Friday, January 23, 2009

Gay Divorce Comes To Texas

A Dallas man has filed for divorce from his husband in Texas, in what could force the state to reexamine its definition of marriage.
As most of us are aware, a state constitutional amendment was passed by the TX Legislature and approved by voters in 2005 defining marriage between a man and a woman. Thus, conservatives including TX Attorney General Greg Abbott, make the argument a gay divorce can not happen in Texas due to the fact their gay marriage from Massachusetts was never legally existing here.
Dallas attorney, and former County Sheriff candidate, Pete Schulte is the lawyer representing the case. He plans to do the one thing that nobody in Texas has had the balls to attempt - shoving the US Constitution down the throat of naysayers. He plans to argue that Article IV Section 1 ("Full Faith And Credit Clause") provides that legal contracts from other states be legally recognized in all states in the union. As such, marriage is a legally binding civil contract in all 50 states, and should be recognized. Thus, Texas would have to legally recognize the union, and grant a divorce based on its recognition.
We would also like to point out that there is no law prohibiting divorce in Texas, for any couple. We are sure people like Warren Chisum would like that changed as well, but that is the fact. Anyone bound by a contract should have the legal means to dissolve it, regardless of one's personal opinion about the Bible. As much as Greg Abbott would like to cover his eyes and pretend the marriage does not exist, it does. And this couple should have the same legal rights as any other couple.

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