IN RE MARRIAGE OF J.B. AND H.B.

No. 05-09-01170-CV.

326 S.W.3d 654 (2010)

In the Matter of the MARRIAGE OF J.B. AND H.B. In re State of Texas, Relator.

Court of Appeals of Texas, Dallas.

Supplemental Opinion on Denial of En Banc Reconsideration December 8, 2010.


Attorney(s) appearing for the Case

James C. Ho , Solicitor General, Reed N. Smith , James D. Blacklock , Office of Attorney General, Austin, TX, for Appellant.

Peter A. Schulte , Schulte & Apgar, PLLC, J. Carl Cecere , Akin, Gump, Strauss, Hauer & Feld, L.L.P., Dallas, TX, James Scheske , Akin, Gump, Strauss, Hauer & Feld, L.L.P., Austin, TX, for Appellee.

Jeffrey C. Mateer , Hiram S. Sasser, III , Erin E. Leu , Plano, for Other.

Before Justices BRIDGES, FITZGERALD, and FILLMORE.


OPINION

Opinion By Justice FITZGERALD.

Does a Texas district court have subject-matter jurisdiction over a divorce case arising from a same-sex marriage that occurred in Massachusetts? The trial court held that it had jurisdiction and that article I, section 32(a) of the Texas Constitution and section 6.204 of the Texas Family Code, which limit marriage to opposite-sex couples, violate the Equal Protection Clause...

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