This seemed like a bad April Fool's joke, but it is not. On the radio this morning I heard that Judge Scott Jenkins in Travis County had ruled against the Attorney General entering a homosexual divorce case in Texas. The attorney general's office argued a homosexual couple couldn't be granted a divorce in Texas because their marriage is not recognized by Texas law. Perhaps the judge only ruled the AG out because he had already made his decision before the AG got involved. Somehow I wonder. Judge Jenkins was quoted as saying that children are what "we are supposed to be concerned about as lawyers and as judges." Actually as a judge I thought he is supposed to be concerned about interpreting the law.
While trying to find info on this, I discovered that Judge Jenkins is not ploughing new ground. I had not heard this previously, but in Dallas County in October State District Judge Tena Callahan said that two men could divorce in Texas. The Attorney General has appealed that ruling. The Texas 5th Court of Appeals is supposed to hear arguments in this case.
I'm no judge or lawyer, but common sense seems to say that two people who aren't married can't get divorced! Oh, the beauties of judicial activism.