Gay Texas man fighting to divorce partner

Thu. April 22, 2010 12:00 AM by News Staff

Dallas - A gay man in Texas is fighting a legal battle to divorce his same sex partner.

But the same discrimination that prevented them from getting married in Texas is now preventing them from getting a divorce.

The men -- known as JB and HB in court filings -- got married in Massachusetts four years ago. They separated 2 years ago.

"The parties lack standing to file a divorce because they are not married," assistant solicitor general for the attorney general Jimm Blacklock told the court. "If you are not party to a marriage, you cannot file for a divorce."

The attorney general argues that recognizing a gay divorce might actually create a legal situation where gay marriage becomes legal in Texas. The plaintiff's attorney says his client is not trying to make same-sex marriage legal in Texas. He's just trying to get out of a relationship.

"My client is a married man and he needs a divorce," attorney Jody Scheske said in court. Scheske argues that dissolving the marriage would actually promote Texas' efforts to stop gay people from getting married. "But for the actions of the attorney general, there would already be one less same-sex marriage in Texas."

Texas voters have approved a state constitutional amendment banning same-sex marriage. The Texas Family Code prohibit same-sex marriages and civil unions