On Thursday, October 1st, a Dallas judge ruled that the Texas prohibition on marriage for same-sex couples violates the equal protection clause of the United States Constitution.
Equality Texas supports marriage equality. We appreciate the seriousness of Judge Tena Callahan’s ruling and its recognition that a couple legally married in another state has the right to pursue the dissolution of that marriage in Texas when they reside in Texas – a right that any other couple has.
While we are pleased that such a ruling has been made, we realize that Texas’ ban on marriage for same-sex couples is a long way from being over. We do not anticipate the Texas Attorney General, the Governor, or even candidates for statewide office will let this ruling rest undisturbed. However, Judge Callahan’s ruling encourages us that progress is being made, even here in Texas.
In 2005, Texas voters approved an amendment to the Texas Constitution prohibiting the recognition of married same-sex couples. A judicial ruling that this prohibition violates the United States Constitution comes as no surprise to anyone who understands that venerable document. While we live in a democracy, the Constitution acts as a limit upon the powers of the popular majority, and the powers of the federal and state governments acting on behalf of that majority. And, because of the nature of our government, state laws, even state constitutions, must comply with the requirements of the US Constitution. While it is left up to each state to define what constitutes a marriage, the states are not free to deny the equal protections of their courts, or laws, to any citizen.
In the Dallas case, two men were legally married in Massachusetts in 2006. They later moved to Texas and in January 2009 decided to divorce. As all divorcing couples who reside in Texas must do, they filed for divorce in the Texas civil courts. Divorce papers are filed where you live, not where you got married. However, rather than let this personal tragedy pass quietly, Texas Attorney General Greg Abbott attempted to insert himself into the private case between two people and tried to have the divorce case thrown out of court.
It would be intolerable if the Attorney General tried to intervene in a divorce case between a man and a woman. It is equally so when the divorce involves two men. Quite simply, it is none of his business. To assert that the solution for this couple is to move back to Massachusetts, live there for six months, establish residency, and then avail themselves of the Massachusetts courts is unrealistic to the point of absurdity, and is incompatible with the requirements of modern life.
Fortunately, Judge Callahan recognized the absurdity of the Attorney General’s position, ruling that denying a same-sex couple access to Texas Courts in order to achieve a divorce denies them equal protection under the law pursuant to the Fourteenth Amendment of the US Constitution.
Equality Texas is working for a state where all Texans are treated equally, with dignity and respect. We will work with our partner organizations to follow this case as it goes through the appellate process, and we will continue to educate Texans about the importance of policies and legislation needed to assure equal protection in our communities, homes, families, and workplace.
Posted by:
Randall Terrell
Political Director
Good! Thank goodness for people like Judge Callahan who is not afraid to do what is right!
Posted by: Dr. Larry D. Ponder | October 02, 2009 at 12:57 PM
so, what does this mean for other couples in need of filing divorce proceedings in Texas, do we know?
Posted by: Elizabeth | October 05, 2009 at 10:46 AM