Texas gay couple skips same-sex marriage question and seeks divorce instead—and they might get it
From the Federalist Society’s blog:
Following a Dallas judge’s decision that two gay men who were married in Massachusetts had the right to divorce in Texas because the Texas constitutional prohibition of same-sex marriage violated the federal Equal Protection Clause, the District Court of Appeals in Dallas reversed, holding that the case was outside the judge’s jurisdiction and ordering him to dismiss, reports The Dallas Morning News. The Texas Attorney General, Greg Abbott, had intervened in the case, arguing that Texas courts could not dissolve a gay marriage because Texas did not recognize a right to such a marriage.
At the DallasNews story, one of the parties’ attorneys repeats the grating line, “I believe all people should have the same rights to do what they want with their private lives.” The same-sex marriage question is not about personal freedom or libertarianism or equal rights. It is about obtaining the state’s imprimatur of social acceptance.