As Prop 8 trial wraps up, we're turning our attention back to Dallas' gay divorce case

Posted on 16 Jun 2010 at 2:11pm
Pete Schulte
Pete Schulte

With closing arguments under way in the federal Prop 8 trial today, I thought it might be a good time to check in with Pete Schulte, the attorney in Dallas’ own version of Perry v. Schwarzenegger.

After all, it’s been damn near two months since a state appeals court heard oral arguments in Schulte’s gay divorce case, known as J.B. v. H.B. And those of us who’ve signed up for the opinion notification service from the 5th Circuit Court of Appeals are getting tired of scanning through the e-mails every morning. But Schulte says it could be a while before the court issues its ruling.

“Once the case is submitted to the court, we have no idea when they’re going to rule,” Schulte told me this afternoon.

“If I had to bet the farm on it, I would probably say maybe the beginning of 2011,” Schulte said. “Get through the elections, get through the holidays. I would not be surprised if it was January. It might be sooner. Who knows.

“There are some opinions that take two years,” he added. “It just depends, and there are no statutory guidelines for it.”

In the meantime, Schulte said he’s focusing on his campaign for the District 108 House seat. Schulte, a Democrat, is taking on Republican incumbent Dan Branch. Schulte said a Libertarian candidate has also entered the race, and he’s hoping this will peel away some of Branch’s conservative supporters.

Schulte, who came out officially and publicly in Dallas Voice a while back, is the only known openly gay candidate for Texas Legislature this year.

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