Two Dallas men married in Massachusetts will not divorce in Texas — not unless they successfully appeal an Aug. 31 ruling by Dallas’ 5th Court of Appeals. In that opinion, a three-justice panel sided with the Texas Office of the Attorney General, ruling that a same-sex couple cannot get divorced in the Lone Star State.

The 5th Court conditionally granted the OAG’s petition for a writ of mandamus and remanded In the Matter of the Marriage of J.B. and H.B. with instructions that the trial court dismiss it for lack of subject matter jurisdiction.