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Gay Divorce OK, Texas Judge Rules

Ban on same-sex marriage violates equal-protection law

By Will McCahill, Newser Staff

Posted Oct 1, 2009 10:30 PM CDT

(Newser) – Though same-sex marriage isn’t legal in Texas, two men married in Massachusetts can get a divorce there, a judge said today in a ruling that finds the state’s ban in violation of federal equal-protection laws. “This is huge news. We’re ecstatic,” the lawyer representing one of the men tells the Dallas Morning News; Texas’ attorney general plans to appeal, “to defend the traditional definition of marriage that was approved by Texas voters.”

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A sign at a California rally. (Wikimedia Commons)

A California rally. (Wikimedia Commons)

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The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman. Today's ruling purports to strike down that constitutional definition—despite the fact that it was recently adopted by 75% of Texas voters. - Texas Attorney General Greg Abbott

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Gay Divorce OK, Texas Judge Rules