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Litigation

By ALM Staff | Law Journal Newsletters |
November 24, 2009

Judge Finds Texas Ban on Gay Marriage Unconstitutional

A judge in Dallas has held that Texas' constitutional ban on gay marriage violates the 14th Amendment. In an order signed on Oct. 1 in In the Matter of the Marriage of J.B. and H.B., 320th District Judge Tena Callahan held that Texas Constitution Article 1, ' 32(a), which provides that “marriage in this state consists only of the union of one man and one woman,” violates the 14th Amendment to the U.S. Constitution. Callahan further held that Texas Family Code ' 6.704, which addresses testimony of a man and wife in a suit for dissolution of a marriage, violates the 14th Amendment.

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