If justice delayed is justice denied, one could argue that the gay Dallas couple known as “J.B.” and “H.B.” have already effectively lost their case. It was precisely four years ago this month when J.B. filed an uncontested petition for divorce from H.B. in Dallas County court, seeking to amicably dissolve their 2006 Massachusetts marriage. Republican Texas Attorney General Greg Abbott promptly intervened to challenge J.B.’s divorce petition, arguing that Texas’ constitutional amendment banning same-sex marriage also prohibits the state from granting gay divorces. But State District Judge Tena Callahan, a Dallas Democrat, disagreed. Callahan ruled in September 2009 that not only could she hear J.B.’s petition — but also that the state’s marriage amendment is unconstitutional.
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