In Marriage Issues J.B. and H.B. is a case arising from a divorce suit filed by same-sex couples in Texas. They were married in Massachusetts. A Texas Family Court granted the petition, stating that the Texas Proposition 2, which forbids courts to recognize same-sex marriage, violates the legal process and equivalent protection of the Fourteenth Amendment of the Constitution of the United States. On appeal, the 5th Texas Court of Appeal reversed the family court verdict, stating that it is consistent with the same legal process and protection clause. The case was before the Texas Supreme Court, but the case was dismissed because of the death of either party.
Video In re Marriage of J.B. and H.B.
Case history
Two men living in Dallas who married in Massachusetts in September 2006, were identified by the court as J.B. and H.B., filed for divorce in January 2008 at the Dallas County District Court. Their lawyer, Peter Schulte, claims that Article IV of Part 1 of the US Constitution, which requires each country to grant "full confidence and credit" to legal proceedings of other states, requires Texas to recognize a legitimate Massachusetts marriage. Attorney General Greg Abbott, on behalf of the state of Texas, moved to intervene to block the divorce, claiming that the court has no jurisdiction of the matter. On October 1, 2009, Dallas District Judge Tena Callahan rejected Texas intervention and declared that the Texas Constitution ban on same-sex marriage, article I, section 32 (a), known as Proposition 2, violated the legal and protection process equivalent to the Fourth Amendment Mercy. clause. Schulte commented: "I have a feeling there will be opponents who say this will allow the gay marriage door open, and I do not agree with that.Gay marriage and gay divorce are two separate things." Abbott noted that the definition of marriage Callahan held unconstitutional was approved by 75% of Texas voters. It was a second court decision in US history to find that state constitutional bans on same-sex marriages violate the US Constitution.
Abbott and Governor Rick Perry appealed to the Fifth Appeal Court. On August 31, 2010, a three-way unanimous judge panel overturned a lower court ruling and declared that a Texas constitution ban on same-sex marriage did not violate a Protection Clause Equivalent to the Fourteenth Amendment. It also confirms the state's right to intervene in the lawsuit. It is said that "same-sex divorce will have an effect on same-sex marriage recognized in some way" and that "[t] the country he has a legitimate interest in promoting the improvement of children in an optimal family setting makes sense to the state to conclude that optimal family arrangements for raising children are households led by opposite sex partners. "The court further ruled that the district court in Texas lacked subject jurisdiction to hear divorce cases of the same sex. It also held that Texas should not recognize marriages celebrated elsewhere that are inconsistent with the Texas Constitution, even in the absence of the Federal Defense Wedding Act.
The Fifth Appeal Court rejected the en banc review. J.B. Request a review from the Texas Supreme Court in February 2011 and that the court requested a report in October. On July 3, 2013, the Supreme Court of Texas spontaneously ordered additional benefit guidance based on a US Supreme Court decision in the United States of America v. Windsor . On August 23, the Texas Supreme Court agreed to hear the benefits and oral arguments scheduled for November 5, 2013.
The case was dismissed after one of the parties died when the case was delayed.
Maps In re Marriage of J.B. and H.B.
References
External links
- Fifth Appeal Court, In re: Marriage J.B. and H.B. in the State of Texas, , August 31, 2010
Source of the article : Wikipedia
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