Dallas Judge Finds Texas Gay Ban Unconstitutional

Dallas state District Judge Tena Callahan has granted a divorce to two men who were married in Massachusetts and in the process has called the Texas gay marriage ban into question. Her ruling found that the voter-approved ban violates the equal protection clause of the US Consitution and that her court has jurisdiction to hear a divorce petition brought by two persons legally married in another jurisdiction. The Attorney General immediately announced he will appeal the ruling and I would be stunned if it wasn't overturned, but this is a highly significant case, nontheless. I believe this ruling recognizes the important Constitutional implications of the tyranny of the majority over the rights of a minority. It also reinforces the humanity of a gay couple who only want to be treated as full citizens of the United States.

In 2003, a Texas court granted a divorce to a lesbian couple who had received a Vermont civil union. That ruling was overturned on appeal. The present case differs because the two men were granted a full marriage in a state, not a civil union.