Texas Gay Couple's Divorce Lawsuit Draws National Spotlight

A married gay couple’s divorce case has made Texas another battleground for marriage.

Though the couple, who married in Massachusetts, is simply seeking a divorce, their case became politicized with same-sex marriage advocates and opponents entering the debate.

National attention was drawn to what was a personal issue when a Dallas judge ruled last week to agree to hear the divorce case. District Judge Tena Callahan further declared the state marriage amendment and the state’s Defense of Marriage Act unconstitutional. The ban violates the federal constitutional right to equal protection under the Fourteenth Amendment to the U.S. Constitution, she ruled.

Gay marriage supporters hailed the ruling which essentially recognized same-sex marriage but traditional marriage proponents immediately came out to defend what Texas voters approved in 2005 – that marriage in this state consists only of the union of one man and one woman.

“The government cannot consider issuing a ‘divorce’ for a ‘marriage’ it doesn’t recognize. Seventy-five percent of Texans in 2005 made it perfectly clear that marriage in their state is solely between one man and one woman,” said Austin R. Nimocks, senior legal counsel with the Alliance Defense Fund. “This ruling runs contrary to the voice of Texans and the historic purposes behind the state’s marriage laws.”

More: christianpost.com/article/20091005/texas-gay-couple-s-divorce-lawsuit-draws-national-spotlight/index.html

Look, I’m no liberal Catholic, I think marriage is for life, divorce is unspeakable, etc. But why should we even have an opinion about this kind of thing? It seems like asking a priest whether I should give the girl a ride home after a one night stand. The whole arena is so far removed from out moral system… That a marriage should be between a man and a woman is really one of the smallest disagreements between the Catholic belief about marriage and that of the world. It is a much bigger deal to say that marriage is forever, even when one stops loving another, one gets fat, or one cheats, or whatever. In fact, if we really think about it, we should think all marriages are lies if they were not entered into with this idea–that’s a much bigger deal than disapproving of a few thousand marriages a year, isn’t it? Many more marriages have prenups than two men. We should disagree equally with each, but the sheer magnitude of the former, combined with the fact that it is much more accepted in our society.

When everyone agrees that divorce and remarriage is an abomination, we can talk about this. But until then, why are we wasting our time on gay marriage but not on false marriage?

I’m not meaning to argue this, I’m actually asking a question–while I am against gay marriage, I’m against 95% of straight marriages where the couple would get divorced if they lost some fleeting feeling. Isn’t that a much bigger deal?

Combine this with the fact that, undoubtedly, for some people, the opposition to gay marriage satisfies a sinful hatefulness in their soul for homosexuals, and it worries me to be on the same side of the fence. I don’t like espousing the same views of those who hold sings saying “God hates fags.”

Can’t they stay together for the kids that bare their mutual image?..uh…forget it.

"National attention was drawn to what was a personal issue when a Dallas judge ruled last week to agree to hear the divorce case. District Judge Tena Callahan further declared the state marriage amendment and the state’s Defense of Marriage Act unconstitutional. The ban violates the federal constitutional right to equal protection under the Fourteenth Amendment to the U.S. Constitution, she ruled."I think that many judges are positively salivating at the opportunity to overturn the will of the people on this matter. They can’t wait to do to state marriage laws and state DOMA’s what Roe v Wade did to state abortion laws.

Because gay marriage is just another nail in the coffin of marriage.

And when marriage is dead and buried (we’re getting there fast) so will our society be dead and soon be buried.

I would wager that among the young people of today, many of their parents’ or grandparents’ marriages lasted until death. At least there was not a 50% divorce rate.

Why? Because divorce was simply not an option. And they knew that going in.

I would advocate repealing no fault divorce laws, making adultery a civil offense prosecutable at the option of the offended party, and strictly enforcing statutory rape laws. Until people cease to view others as playthings for pleasure, there’s not much hope for marriage.

But legalizing gay marriage as if it were real marriage will only make it worse.

Gosh, I really don’t care about state marriage laws. I know that my beloved RC faith doesn’t recognize such things. Although distastful, the civil marriage of same sex people, by the state, has no effect on me whatsoever. Further, I know not the heart of others that love each other. I AM NOT waving rainbow flags here. Whenever love is involved, we should seek compassion before condemnation.

Civil marriage laws do affect you because you have to abide by them whether you like them or not. States may require a blood test, prohibit marriage between close relatives, prohibit polygamy and polyandry, and impose other requirements.

If states wish to remove all restrictions on marriage including the most basic, that is their prerogative, and it won’t affect the status of existing marriages. But it will certainly affect that perception of what marriage is, and it will affect the structure of the social order. States could remove prohibitions on gay marriage, polygamy, polyandry, and simply allow any two (or more) people to marry. Platonic roommates may wish to marry for the tax benefits, so might elderly sisters. The possibilities are endless. But social structure would not be unaffected.

Indeed, with a 50% divorce rate, the social structure is already disintegrating. Children, as usual, are the big losers. But, if Nambla has its way, children could marry older adults.

If a gay couple can get divorced in Texas, than that opens the door to allow them to get married in Texas. By letting them get divorced you are validating the marriage.

Divorce and gay marriage both lead to destruction of the family, the most basic unit on which any society exists.

Well put. So where is the outrage over divorce? Would this OP be here if it was about a change in no-fault divorce laws? Frankly, I think we lose credibility about marriage when we are only seen as opposing gay marriage.

No one is contemplating polygamy, polyandry, bestiality, child marriage or anything else on the list of terribles. I am beginning to dislike analogies. When I think about apples & oranges, I realize they have more in common then what they do not. Slippery slope analogies are lying to your brain. Again, no rainbow flag waving here, but the fears of social disintegration appear to be unfounded in light of a recent study that found divorce rates in Massechusets were actually dereasing after same sex marriage was allowed.

What I am getting at here is that we have a strong dislike for homosexuals. Now we find high & low tech excuses of discriminating against them since the hundreds of years of lies seem as flimsy as any other discrimination in history. I am just not going to do it. I think it is hateful, wrong-headed, intellectually lazy and not compassionate. I will not make someone feel bad because of who they are. I will not tell someone who or what they are is bad if it is not like me. I will not disagree about the nature of immutable characteristics of individuals.

Well, society as a whole seems to have come to the point of regarding adultery, fornication, sodomy, cohabitation, and divorce as no big deal. To each his own, and no judgments to be applied. I do not think we are better off for it.

Friend, you speak my mind.:thumbsup:

But, Jim, the 50% divorce rate has been constant for at least 20 years. I think it is highly misleading to blame gays, and gay marriage, for how heterosexuals conduct themselves. Marriage may be in trouble, but gays aren’t the cause of it.

I agree. I don’t blame gays for the divorce rate. Actually, I suspect that if we had the same divorce laws in effect now as we had in the decades before no-fault divorce, gays probably would be less inclined to seek marriage.

No, marriage has been in decline for a long time, in part due to no-fault divorce, and to the widespread acceptance of contraception. Heterosexuals did that, and we are living with the results: children divorced from their parents through no fault of their own. But calling a homosexual union a marriage does nothing to help matters. It just puts another nail in the coffin of marriage.

But calling a homosexual union a marriage does nothing to help matters. It just puts another nail in the coffin of marriage.

Just curious, how does does homosexual union harm marriage? Simple question.

This is redundant, as polyandry is a type of polygamy. I suspect you simply meant polygamy, or polygyny and polyandry.:nerd:

In the same way that divorce harms marriage, by emptying it of its meaning. Many people, of course, will remain in faithful and true marriages. But by the very fact of being surrounded by counterfeit marriages, their own marriages lose value. John Donne’s phrase, “no man is an island, any man’s death diminishes me,” can apply to marriage as well.

Just as the real money in my wallet remains real even if counterfeiting is legal, the counterfeit currency will diminish its value.

That is absurd. The state kills people through the sin of the death penalty & yet most people don’t think that diminishes life. Well, it does! Look, I don’t think my beloved RC Church should sanction same sex marriages, and we don’t. The meaning of marriage is not diminished by what the state does. Notional beliefs by us good Catholics through our faith should never be used to harm another. Further, the teaching of our Great Faith commands compassion. Those that seek to place power in the state equal to or greater than the power of Catholicism diminish the power of Catholicism.

Of course it does. Death always diminishes life. Murder diminishes life. Counterfeit money diminishes real money. Counterfeit marriage diminishes real marriage.

Yes, our Faith commands compassion, and much more. Jesus commanded no divorce; he commanded chastity even in thought. I don’t recall him commanding gay marriage, the legalization of which is certainly not compassion, but rather acquiescence in societal evil, to the detriment of individuals and society.

What you say is conceptually correct. However, I live in a big city & include in my circle of devout Catholics a few gay people. I remain silent on these discussions because I think to put forward the Church’s formulation gay people is to say the least, awkward. I was thinking of a spin on the formulation of exquisite celibacy. How blessed they must be that the Lord singles them out to live in grace, specifically. What great people these must be. But I really don’t see it happening. I guess this all reminds us of the metaphysical suffering we are meant to deal with as Christians. I don’t think I will ever be wrong leading with compassion & respect.

DISCLAIMER: The views and opinions expressed in these forums do not necessarily reflect those of Catholic Answers. For official apologetics resources please visit www.catholic.com.