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Waite v. Waite

Texas Family Code '6.001 does not violate the Establishment Clause of the U.S. Constitution by entangling the judiciary in religious issues or the Free Exercise Clause of the U.S. Constitution and the "rights of conscience" guaranteed under the Texas Constitution, by requiring the judiciary to interfere in a religious dispute.

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AFFIRMED; PLURALITY, CONCURRING, AND CONCURRING AND DISSENTING OPINIONS FILED NOVEMBER 21, 2001.

PLURALITY OPINION

Daniel Waite, Sr. (“appellant”) appeals the trial court’s denial of his request for a temporary injunction to restrain the enforcement of section 6.001 of the Texas Family Code which allows the granting of “no-fault” divorces. Specifically, appellant argues that section 6.001 violates 1) the Free Exercise and Establishment Clause of the U.S. Constitution and Texas Constitution article 1, section 6; 2) the “free institutions” clause of the Texas Constitution; and 3) the “open courts” provision of the Texas Constitution. Additionally, appellant asserts that section 6.502 of the Texas Family Code constitutes an unconstitutional invasion of his privacy under the Texas Constitution, as well as a violation of the Free Exercise Clause of the Texas Constitution. Lastly, appellant contends that the trial court erred in awarding attorney’s fees to appellee. We affirm.

 
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