MEMORANDUM - For Legal Brief

MEMORANDUM - For Legal Brief - MEMORANDUM TO: FROM: RE:...

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MEMORANDUM TO: FROM: Teaching Assistants RE: In re Marriage of J.B. and H.B. Litigation DATE: October 21, 2010 Across the nation states have been passing “defense of marriage” laws in response to the legalization marriage between persons of the same sex in states such as Massachusetts. On August 31, 2010 a ground breaking case was decided in the Texas appeals court. The appeals court decided that two homosexual men who were married in Massachusetts could not get divorced in Texas. Texas would not recognize the existence of their marriage and therefore could not grant a divorce since no marriage existed in the eyes of the state. J.B. and H.B. were married in Massachusetts in 2006, moved to Texas in 2008 and J.B. filed for divorce in Texas in 2010. The appeals court refers to two state laws, Article I, Section 32(a) of the Texas Constitution and Section 6.204 of the Texas Family Code, and one federal law, the Defense of Marriage Act 28 U.S.C. § 1738C. The appeals court finds that based on these statutes that the couple is not part of a ‘marriage” under Texas law, and they are therefore not eligible for a divorce. 1
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MEMORANDUM - For Legal Brief - MEMORANDUM TO: FROM: RE:...

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