In re Marriage of J.B. and H.B.
Court of Appeals of Texas
326 S.W.3d 654 (2010)
J.B. (plaintiff) and H.B. (defendant) were legally married in a same-sex ceremony in Massachusetts, then moved to Texas, where the relationship later broke down and J.B. filed for divorce. The State of Texas intervened to oppose the divorce, citing the Texas Constitution, the Texas Family Code, and the federal Defense of Marriage Act, arguing these provisions barred the trial court from exercising subject-matter jurisdiction because the couple wasn't considered married under Texas law. J.B. argued the marriage-recognition (place-of-celebration) rule required Texas to recognize the valid Massachusetts marriage. The trial court denied the state's challenge without a hearing, ruling the relevant Texas provisions violated the Equal Protection Clause; the state sought mandamus and an interlocutory appeal.
Whether a trial court may exercise subject-matter jurisdiction over a divorce petition involving an out-of-state same-sex marriage when the forum state's constitution and statutes expressly declare such marriages void and against public policy.