Same-Sex Divorce Ruling Appealed

Aug 8, 2012 by

Following a Dallas appeals court panel ruling in August that prevented the same-sex divorce of two Texas men who had previously been married in Massachusetts, yet another motion has been filed in the Lone Star State’s courts. Now attorneys for one of the men have filed a motion requesting a re-hearing of the case by the 5th District Court of Appeals.

The plaintiff and his legal team had three options and felt that requesting a re-hearing by the 13-justice 5th District Court would help them show that adequate grounds exist for the Court of Appeals to reconsider the prior panel’s opinion.

The other two options were either dropping the matter, which was unacceptable to the plaintiff, or appealing the decision to the Texas Supreme Court, which they hope won’t be necessary. Attorneys for the man identified only as “JB” in court documents said they were looking for a court opinion they could live with and hoped that a further appeal to the Texas State Supreme Court will not be necessary.

The Texas courts have attempted to avoid tackling the difficult issue of same-sex marriage in the state for many years, but as long as the issue of same-sex divorce keeps popping up in front of them, the issue will difficult to avoid for much longer.

 

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