suit. It said that a "same-sex divorce proceeding would give effect to the purported same-sex marriage in several ways" and that "[t]he state has a legitimate interest in promoting the raising of children in the optimal familial setting. It is reasonable for the state to conclude that the optimal familial setting for the raising of children is the household headed by an opposite-sex couple." The court further ruled that district courts in Texas do not have subject-matter jurisdiction to hear a same-sex divorce case. It also held that Texas was not required to recognize a marriage celebrated elsewhere that did not conform to the Texas Constitution, even in the absence of the federal Defense of Marriage Act. The Fifth Court of Appeals denied en banc review. J.B. sought review from the Texas Supreme Court in February 2011 and that court requested briefs in October. On July 3, 2013, the Texas Supreme Court sua sponte ordered supplemental merits briefing in light of the U.S. Supreme Court decision in United States v. Windsor. On August 23 the Texas Supreme Court agreed to hear the merits and scheduled oral argument for November 5, 2013. The case was dismissed after one of the parties died while the case was pending. See also Same-sex marriage law in the United States by state References External links Fifth Court of Appeals, In re: The Marriage of J.B. and H.B. in re State of Texas, August 31, 2010 United States substantive due process case law United States equal protection case law United States same-sex union case law 2010 in LGBT history LGBT history in the United States 2010 in case law LGBT in Texas Conflict of laws case law