Liberty Institute, on behalf of Chisum and Staples, asks Texas’ high court to take gay divorce cases

Posted on 12 May 2011 at 2:28pm
Kelly Shackelford

The right-wing, Plano-based Liberty Institute has filed briefs asking the Texas Supreme Court to hear two same-sex divorce cases so justices can resolve allegedly conflicting opinions from state appellate courts in Austin and Dallas.

The Liberty Institute announced today that it filed the briefs on behalf of State Rep. Warren Chisum, R-Pampa, and Republican Agriculture Commissioner Todd Staples, a former state senator from Palestine.

In both cases, district judges ruled to allow same-sex divorces, prompting Republican Attorney General Greg Abbott to intervene. In the Dallas case, the 5th court of appeals overturned Democratic Judge Tena Callahan’s ruling. J.B., the gay Dallas resident who’s seeking a divorce from his Massachusetts marriage to H.B., appealed the decision to the Texas Supreme Court in March.

In the Austin case, State of Texas v. Angelique Naylor and Sabina Daly, the 3rd court of appeals upheld the district judge’s decision, saying Abbott’s attempt to intervene was too late.

“The district judges’ rulings granting same-sex divorces illegitimately overturned the will of more than two million Texans and their elected officials,” Liberty Institute President and CEO Kelly Shackelford said in a press release. “The debate over same-sex marriage and divorce should play out in our democratic institutions and should not be short-circuited by activist judges.”

The Liberty Institute previously filed a brief on behalf of Chisum and Staples in the Dallas case when it was before the appeals court.

Read a copy of the Liberty Institute’s brief in the Dallas case here, and the Austin case here.

Austin-based attorney Jody Scheske of Akin Gump Strauss Hauer & Feld, which is representing both J.B. and Naylor/Daly, declined to comment on the briefs.

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