No Ruling Yet in Gay Divorce

A Texas court has yet to make a decision as to whether a gay couple who married in Massachusetts can get a divorce in Dallas County.

State district judge Tena Callahan allowed the couple, identified only as HB and JB, to file for divorce. Callahan ruled that the state's ban on same-sex marriage was unconstitutional, but state attorney general Greg Abbott appealed the ruling.

According to the The Dallas Morning News, Abbott and the Liberty Institute, a conservative legal organization, argued to the fifth district court of appeals Wednesday that the couple were simply attempting to overturn the state's gay marriage ban. However, their attorney argued that they were already married in Massachusetts in 2006, and therefore did not need to challenge the ban.

Abbott is also appealing an earlier ruling on a divorce granted to lesbian couple Angelique Naylor and Sabina Daly, who married in Massachusetts in 2004.