The state of Texas argued Wednesday that granting a divorce to a gay couple would lead to the state being forced to recognize gay marriage, the AP reported.

Last October, a judge ruled that two Dallas men – known only as J.B. and H.B. – married in Massachusetts may divorce in the state. The ruling by District Judge Tena Callahan was quickly criticized by social conservatives who support the gay marriage ban placed in the state's constitution by voters in 2005.

Attorney General Greg Abbott disagreed with the ruling and announced his office would appeal: “Today's ruling purports to strike down that constitutional definition – despite the fact that it was recently adopted by 75 percent of Texas voters.

In her ruling, Judge Callahan called the state's ban on gay marriage unconstitutional.

Abbott argues that the marriage should be “voided,” which would essentially nullify the marriage as invalid.

“The parties lack standing to file a divorce because they're not married,” Jimmy Blacklock, an assistant Texas solicitor general, argued before the three-judge 5th Texas Court of Appeals panel hearing the case.

J.B.'s attorney, Jody Scheske, argued that his client is not looking to marry in Texas, but only wants to end his own legal marriage.

“He is not seeking to enter into a same-sex marriage; he's seeking to end a marriage that was valid,” Scheske told the court.

“The trial courts have the right to hear divorce cases from people who have valid marriages,” he added.

The men married in Massachusetts – one of 6 municipalities where gay marriage is legal in the U.S. – in September 2006. J.B. said the couple had been together 11 years and that the break was painful but amicable. He filed for divorce in January 2009, citing “discord of conflict of personalities.”

Abbott has also appealed the divorce of a lesbian couple.

Sabina Daly, 41, of San Antonio, and Angelique Naylor, 39, of Austin were granted a divorce in February 9 by Travis County District Judge Scott Jenkins. The women married in Massachusetts in 2004. The couple later moved to Texas, where they built a home restoration and renovation business and adopted a now four-year-old son.

Judge Jenkins asked Abbott not to appeal the divorce, saying the Dallas case would decide the matter.

Naylor agreed, saying the appeal was “an egregious misuse of state resources.”