Quimbee logo
DMCA.com Protection Status
From our private database of 16,600+ case briefs...

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. After their marriage, the couple moved to Texas. The relationship deteriorated, and J.B. filed a petition for divorce from H.B. The State of Texas (state) (plaintiff) intervened as a party to oppose the divorce pursuant to the state’s constitution, state laws, and the federal Defense of Marriage Act. Specifically, the state alleged that article I, § 32(a) of the Texas Constitution and § 6.204 of the Texas Family Code prevented the trial court from assuming subject-matter jurisdiction of the petition because the parties were not deemed to be married under state law. J.B. claimed that, pursuant to the marriage-recognition rule, Texas should recognize the valid Massachusetts same-sex marriage. The trial court denied the state’s claim without a hearing, concluding that § 32(a) and § 6.204 violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The State filed a petition for a writ of mandamus and an interlocutory appeal with the appellate court.

Rule of Law


Holding and Reasoning (Fitzgerald, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 426,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial