Inside The Next Big Battle For Gay Rights


JB and HB are two men who are married, and living in Texas. However, they were married in Massachusetts. They now would like to get divorced.

This is all the information we have on their background and who they are. Yet, from this alone, we know that this presents two problems: Texas will not let them get divorced, as they were married in Massachusetts. And Massachusetts will not let them get divorced, because they moved out of Massachusetts.

So what are their options? Basically, to move back to Massachusetts or any state which will let them divorce. This would require leaving their current home, risking loss of jobs, leaving family and friends, and abandoning their (now) individual lives that they have built. 

In order to get divorced, they have to essentially forfeit their sense of security. However, to remain married means that they would have to deal with an inability to move on with their lives. Because if you can't get divorced, you can't get remarried when you meet a new person.

To stop a divorce between a same-sex couple prevents remarriage. So in states throughout the union, not only will same-sex couples continue to fight to become married, many will have to fight to become divorced simply to have the ability to move with their lives. Simply so they have equal rights.

This looks like the next big battle in gay rights. 

November 5 is when JB and HB will approach the Supreme Court of Texas. They have filed for divorce in 2009, and at first, it looked liked things were going to go their way. The judge petitioned against Texas Proposition 2 which defines marriage in Texas as between one man and one woman, and was approved in 2005. Right now, Texans are deciding whether or not this law will remain in the state constitution, but for JB and HB, a year after filing for divorce, three judges in a Texas appeals court reversed the previous ruling allowing the couple to divorce.

Do JB and HB have any other way out of this circular illogical mess? They'd have to annul the marriage. Opponents of same-sex marriage may try to point to this as evidence that all same-sex marriages are dangerous or unstable, but in truth, these are just two people simply asking for equal treatment under the law.