Dallas Appeals Court Reverses Same-Sex Divorce Filing

Does a Texas district court have subject-matter jurisdiction over a divorce case arising from a same-sex marriage that occurred in Massachusetts?

The trial court held that it had jurisdiction and that article I, section 32(a) of the Texas Constitution and section 6.204 of the Texas Family Code, which limit marriage to opposite-sex couples, violate the Equal Protection Clause of the Fourteenth Amendment.

The Dallas Court of Appeals held that Texas district courts do not have subject-matter jurisdiction to hear a same-sex divorce case. Texas’s laws compelling this result do not violate the Equal Protection Clause of the Fourteenth Amendment. They reversed the trial court’s order and remanded with instructions to dismiss the case for lack of subject-matter jurisdiction.

Full text here