Divorce Case Questions Constitutionality of Gay Marriage Ban

A lawsuit filed by a gay man seeking a divorce from his husband in Texas has renewed the same-sex marriage debate in the conservative state.

Last week, Dallas Judge Tena Callahan ruled that Texas' ban against gay marriage, which was instituted four years ago, is unconstitutional because it obstructs gay divorces, the Dallas Star Telegram reports.

The ruling refers to a request by a man who calls himself "J.B." to divorce his husband in Texas. The couple, who have been together for 12 years, were married in Massachusetts in 2006, which gay marriage there became legal.

In response to the Dallas judge's decision, Texas Attorney General Greg Abbot is appealing the ruling, asserting that the men are not eligible for divorce in Texas because they were not a party to marriage in the state.

When appearing on ABC's Good Morning America, J.B. made clear that he did not file the lawsuit as a means of expanding gay rights or changing the constitution. He commented, "This is not about gay marriage; this is about gay divorce."

In 2005, 75 percent of Texas voters approved an amendment to the Texas Constitution banning gay marriage and same-sex civil unions.