J.B., a Dallas man seeking to divorce his same-sex partner in Texas, and his attorney could not be more pleased about 302nd District Judge Tena Callahan’s Oct. 1 order in which she found her court could hear the case even though J.B. and his husband were married in Massachusetts, a state that allows gay marriage.

But they are not so happy about comments that Ken Upton, senior staff attorney for Lambda Legal in Dallas, a national nonprofit gay rights law firm, made earlier this year about J.B.’s case, says Peter Schulte, J.B.’s attorney.