Gay divorce case appealed to TX Supreme Court

‘J.B.’

More than two years after he filed an uncontested petition for divorce, attorneys for the gay Dallas resident known as “J.B.” have appealed his case to the Texas Supreme Court.

J.B. and his husband, H.B., were married in 2006 in Massachusetts before moving to Dallas. After they filed for a divorce in Dallas County in January 2009, Democratic District Judge Tena Callahan ruled in October 2009 that she had jurisdiction to hear the case, calling Texas’ bans on same-sex marriage unconstitutional.

Republican Texas Attorney General Greg Abbott promptly intervened and appealed to the 5th District court, which overturned Callahan’s decision.

On Feb. 17, attorneys at Akin Gump Strauss Hauer and Feld, which represents J.B., filed a Petition for Review of the 5th District’s ruling by the Texas Supreme Court.

“This Court should grant review because this case involves questions of great importance to Texas state law, which likely will recur with increasing frequency until this Court provides guidance,” the attorneys wrote in their Petition for Review. “Over 28% of the U.S. population lives in a jurisdiction where same-sex marriage or its equivalent is permitted. Texas is one of the nation’s fastest growing states—attracting thousands upon thousands of migrants each year, including couples from those states that permit same-sex marriage. Thus, there is an increasing likelihood that same-sex couples legally married in another state will move to Texas and eventually seek divorce in Texas. Whether Family Code section 6.204 prevents these same-sex couples who were legally married in another state from obtaining a divorce in Texas, and whether this violates the U.S. Constitution, are questions important to the state’s jurisprudence, and should be, but have not yet been, resolved by this Court.”

To read the full petition for review, go here.

—  John Wright