That would seem to be the implication of a decision coming out of Dallas.

A Texas judge has cleared the way for two Dallas men to get a divorce, ruling that Texas' ban on same-sex marriage violates the constitutional guarantee to equal protection under the law.

The Dallas Morning News reported that a Dallas district judge's Thursday ruling finds that the court “has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction.”

But here's the problem -- if it is a violation of equal protection of the law not to recognize gay marriages or to dissolve them for this reason, it logically follows that the refusal to perform those marriages is a violation of equal protection for precisely the same reason.

Interestingly enough, I've only encountered one media outlet that seems interested in taking up that angle on the case. Not even Texas' most prominent liberal blog has yet commented on the implications of this decision.

Posted by: Greg at 02:38 PM | Comments (2) | Add Comment
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