Surely you recall the case of J.B. and H.B., two Dallas men who went to Massachusetts to marry in 2006, only to separate two years later and then try to get a divorce. In October 2009, Judge Tena Callahan gave the couple her blessing to get unhitched, at which point Texas Attorney General Greg Abbott got involved; so too did Plano's Liberty Institute, filing an amicus brief on behalf of state Rep. Warren Chisum and Texas Commissioner of Agriculture Todd Staples, who, in 2003, co-authored the Senate bill that ultimately led to the state's ban on same-sex marriage.
The Fifth Court of Appeals overturned Judge Callahan's ruling, but so far the courts, including the Third Court of Appeals, have upheld Angelique Naylor and Sabina Daly's request for a divorce down in Austin. Which is why, this morning, Liberty Institute filed briefs with the Texas Supreme Court asking the justices to settle the same-sex divorce issue once and for all. Says Liberty's president and CEO Kelly Shackelford, "The district judges' rulings granting same-sex divorces illegitimately overturned the will of more than two million Texans and their elected officials. The debate over same-sex marriage and divorce should play out in our democratic institutions and should not be short-circuited by activist judges."
Here's the brief filed related to the Dallas divorce case, which you can read while we await a return call from J.B.'s attorney, former Dallas County prosecutor Pete Schulte, who's in court this morning.
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