UPI reports:
"My client is a married man and he needs a divorce," Scheske said, arguing that granting the divorce endorses the state's policy against gay marriage. "But for the actions of the attorney general, there would already be one less same-sex marriage in Texas."RELATED
The state attorney general's office argued that recognizing the divorce would mean Texas would have to recognize the marriage. By seeking a divorce, the couple -- identified in court records as JB and HB -- were trying to overturn Texas' gay marriage ban.
In her decision in October, Judge Tena Callahan also ruled the state's ban on gay marriage was unconstitutional. READ MORE
- Texas court hears arguments in gay divorce case; only 2 gay demonstrators show up!