Liberty Institute's Still Working Hard to Keep Gay Dallas Couple From Getting a Divorce

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Attorney Pete Schulte and the petitioner still known as J.B. on The Daily Show last year
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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36 comments
Disgusted by Divorce Judges
Disgusted by Divorce Judges

These judges could care less about gay marriage.  They just want to increase the revenue for their industry - the divorce industry.  With gays being able to marry and divorce, just imagine all the money those bottom-feeder lawyers and bribe-taking judges will get!  That's just the free market working for us. 

John
John

Yay!  Putting fundamental rights up for a vote!  That's good precedent.

pak152
pak152

seems to me they need to go back to Massachusetts and file for divorce there, not in Texas.

Chris Danger
Chris Danger

I always find it ironic that these damned right-wingers and their blind wingnut friends/followers want to know whats going on in peoples personal lives. I say let people marry and divorce whomever(Str/Gay) they want.

Montemalone
Montemalone

Amen brother. We must protect the sacred institution of divorce from the homosexuals.

Only good xtians should have the right to break their holy vows of wedlock, til death do you part.

Clancey
Clancey

Why are they meddlin' in people's private lives?

It's money that matters. Liberty is doing non-stop begs for money (kinda like KERA), ".. support our last-ditch efforts to keep preverts from trying to convince your two nephews to get married. We're the only ones preventing that from happening." Or something very close to that. They'll raise a ton on this. With any luck they'll lose, they can raise even more to go to the Fifth Circuit.

http://www.libertylegal.org/ta...

Jack E. Jett
Jack E. Jett

What gay has time for divorce...we are far too busy creating earthquakes, molesting children, and planning events like 9-11 and orgies with animals.

John_McKee
John_McKee

What sad pathetic lives these people must have, whatever happened to the golden rule and leaving everyone alone to find their own happiness when it does nothing to hurt you. What kind of sick person seeks to oppress others out of a smug sense of self-righteousness, judgement or just a perverse desire to make other people suffer?

scottindallas
scottindallas

Them gays are debasing my marriage. Liberty Institute indeed.

I think the advocates for broader notions of marriage should look at the other end of the spectrum. It's harder to deny a life partner access to the final moments of life and the community property and rights we extend to all widowed mates. And, the lack of clarity upon separation since divorce is denied you is also got to be emotionally difficult. The ax of perfunctory legal separation cleaves many ties emotional, financial and legal that are important. How we deny people these simple rights is seemingly vicious, if unwittingly. I find little resistance to these issues, even in those who aren't comfortable with gay marriage. And, if you people weren't so flamboyant. You know, give a gay couple a wedding and there's a good chance that you've just got two bridal bitches. Lol.

Wylie H.
Wylie H.

"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."

Last I checked, the population of Texas exceeds 24 million, so I find their argument that 2 million homophobes should dictate the law less than compelling.

Titus Groan
Titus Groan

And when will the "Liberty" Institute be supporting a ban on divorce for straight couples? Since marriage is so sacred, surely that's coming soon.

*crickets*

Tad Banyon
Tad Banyon

"Activist judges", another one of those catch phrases like "lamestream media" that let you know you're dealing with someone who can't stand to be wrong. Any time you lose a decision of some kind, any time a learned opinion finds flaws with your reasoning, its always some kind of conspiracy. The courts are against you, the educational system is against you, the media is against you, science is against you. Anyone with any kind of secular higher education is against you. What a world!

Ed D.
Ed D.

Right, because to heck with the "full faith and credit" clause in Article IV of the Constitution. And the "equal protection" clause in the 14th Amendment is, well, just an amendment. Darn those activist judges and their insistence on legal rulings based on law, not bumper stickers and emotion.

Gabe
Gabe

You forgot corrupting societal morays with hypno-shows like Glee.

Montemalone
Montemalone

You forgot the hurricanes.

The first planning meeting for this season is upstairs at JRs Sunday afternoon. We'll be having a contest for this years names. Winner gets a pair of Prada waterwings.

Montemalone
Montemalone

When have these wacky xtians NOT tried to force their prehistoric ideas down the throats of everyone else?

Guest
Guest

What a shock, you don't want two million voters to decide how they want to run their state but you're all for one judge making those decisions. And calling people bigots or racists is the sign of a desperate loser.

pak152
pak152

you seem to forget that heterosexual marriages are recognized by the state of Texas. Several years ago the effort was made to liberalize divorce in Texas by introducing no fault divorce. Divorce used to be a difficult endeavour, but progressives wanted to make it easier. so then do you support the repeal of no-fault divorce?

http://en.wikipedia.org/wiki/N...

Randylinton1974
Randylinton1974

So, Ted, I take then that you're against the judge(s) who have tried and continue to try to repeal the rejection of Prop 8 by the people of California? Be consistent here.

Jack E. Jett
Jack E. Jett

Dear M...

You know the planning of the hurricanes is suppose to be kept a secret from the HETs.

Poppacraig
Poppacraig

 Or it could represent the fact that people who are obsessed with preventing 2 people from loving each other really are bigots.

Tad Banyon
Tad Banyon

Umm... that "one judge" represents the whole 24 million. Society has found it easier to appoint people who are experts in the law to decide legal questions for us than to send 24 million people to law school. Turns out that if we have agreed on the idea of a nation of laws, its pretty important to have people around who really understand them. As opposed to, you know, people who want to change them every time something offends their idea of what they think Jesus might want (for which they have a horrible track record, BTW). I don't want preachers, florists, farmers, and mechanics settling legal arguments any more than I want judges removing my kidney stones, thank you.

ScottsMerkin
ScottsMerkin

Well I dont recommend divorce either, but then again I dont recommend marriage, its the #1 cause of divorce

Tad Banyon
Tad Banyon

That certainly explains why progressives are getting so many more divorces than conservatives. Cough.

Gabe
Gabe

Homonym error. Although...

Coleman
Coleman

but but but I want Prada waterwings!

Guest
Guest

 Who's preventing two people from loving each other? Other than the imaginary ones in your mind of course.

Guest
Guest

 And in case you didn't notice, it's not the "Jesus" people trying to change the law because it offends them, it's you.

Guest
Guest

 Um, that one judge clearly doesn't represent the people who exercised their right to vote and run their state they way they choose, but hey, who needs that stupid democracy anyway, power to the peop...excuse me, judge!

Tad Banyon
Tad Banyon

I think you missed my point. You can't say the rise in divorces is the fault of progressives if conservatives are taking just as much advantage of it. Doesn't look like "progressives wanted to make [divorce] easier", the divorce data would suggest that EVERYBODY likes it to be easier.

pak152
pak152

didn't know that divorce actions required knowing either parties political persuasion, we do know is that the introduction of no fault divorce increased the number of divorces greatly.

PS as someone who recently went through a divorce I don't recommend it

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