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Best Family Court Judge Dallas 2010 - Tena Callahan,302nd District Court

It's no small thing being branded an activist judge in Texas, particularly because judges are elected and the state is so conservative and activist judges raise the ire of heavily financed tort reformers. Add to this the fact that the judge is in family court where the law is rarely challenged or changed, and you can sense how much courage it would take to grant a divorce to a gay couple in Texas, when there's a state constitutional amendment forbidding that same gay couple from ever getting married here in the first place. Yet in October, two men who were legally married in Massachusetts and had moved to Dallas presented themselves before the 302nd District Judge Tena Callahan and requested a divorce. Not so fast, said Texas Attorney General Greg Abbott, who tried to intervene in the case, representing the state's interest in defending the constitutional ban. But Callahan refused to let him join the party and then ruled that the Texas ban on same-sex marriage violated the Equal Protection Clause of the U.S. Constitution. She later amended her ruling and based it on the Texas Family Code, but what the heck, the line was drawn. Although the conservative 5th Court of Appeals in Dallas reversed her ruling, Callahan's decision might have sparked an Austin judge to rule in the same manner. With this ruling also on appeal, before the more liberal 3rd Court of Appeals, the case may be in the courts for quite some time. We can only hope that Judge Callahan will be too.

My Voice Nation Help

I hope the 2 men don't have any children or they better hope that neither of them wants to leave the state of Texas because this same judge has ruled that although the biological father of 2 boys was deemed physically and mentally abusive to those boys by both a child protective services social worker and a psychologist and recommended the boys be immediately removed from his home, the mother who is the primary caregiver could not take the boys out of Texas to be with her new husband who happens to be in the military and was stationed in North Carolina because the custody agreement prevented the parents from living more than 100 miles apart.

If this is the best Texas has to offer, I'd hate to see the worst.

Norm L
Norm L

Judge 'ruled' ONLY, "they had a right to be heard", nothing more nothing less, and BTW, that comes from the constitution, and agree with the above, as a Federal Judge was overruled 25+ years ago in the 5th Federal Court, and that ruling was reversed in the last several years. Both the Fed's & the State's ruled the way they thought it shoud be, and, TIME WILL TELL!!!!!!! As to the specific of the sitting Judge, the epitome of competence, knowledge, common sense etc., and the only thing that could go against her, is the commotion, that hase been created, by the THINGS, in WASHINGTON. D.C..


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