On Tuesday, Dallas’ 5th Court of Appeals sided with the Texas office of the attorney general, ruling that a same-sex couple cannot get divorced in Texas.

A three-justice panel of the 5th Court granted the OAG’s petition for a writ of mandamus but noted that “the writ will issue only if the trial court fails to immediately comply” with the 5th Court’s order. The 5th Court remanded the case with instructions that the trial court dismiss it for lack of subject matter jurisdiction.

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