Travis County judge grants same-sex divorce

Though the State of Texas does not officially recognize same-sex marriages, a Travis County judge has approved a same-sex divorce.

Angelique Naylor and Sabina Daly married in Massachusetts five years ago. Naylor sought a divorce, but Daly initially wanted to "void" the marriage.

The Travis County Court clerk for Judge Scott Jenkins said the divorce was approved, and not voided.

The attorney general's office had previously said when two people of the same sex wish to terminate their union and are in a different state, the proper legal procedure is voidance, not divorce.

After the judge’s decision was announced, Attorney General Greg Abbott's office has issued a petition to intervene, saying, "Texas does not recognize marriages between persons of the same sex, and the parties do not qualify for a divorce."

http://news8austin.com/content/top_stories/default.asp?ArID=266781

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/100109dnmetgaymarriage.1d5a0d50d.html
Dallas judge paves way for gay couple to get divorce

In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution.

Both a voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions.

Although the case is far from settled, and the state's constitutional ban on gay marriage is a long way from being thrown out, Dallas state District Judge Tena Callahan's ruling says the state prohibition of same-sex marriage violates the federal constitutional right to equal protection.

Texas Attorney General Greg Abbott had intervened in the two men's divorce case, arguing that because a gay marriage isn't recognized in Texas, a Texas court can't dissolve one through divorce.

Callahan, a Democrat, denied the attorney general's intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."

-snip-

he's going to get his ass handed to him in another high profile case & now he's got to fend off gay marriage. I feel so not sorry for him.

:evilgrin:

Texas, on the cutting edge of marital rights

dg

Notwithstanding any action by the attorney general, just like legal California marriages transacted in advance of Prop 8, that bell won't be "unrung." These may be baby steps toward equality but they are steps, and I'll take 'em.
:woohoo:

After the Dallas County action I told them "well, you might not be able to get married here (yet), but they'll damn well let you divorce!"

;)

Which might mean that it doesn't recognize ANY divorce.

"A foolish consistency is the hobgoblin of little minds. . . ."

I just had a look at the Texas constitutional amendment banning same-sex marriage. All I can say is that Texas repukes really "stepped in it" with that one.

:wow:

He's a 1978 grad UT law.

The divorce makes perfect sense. Each state is required to respect the laws of the other 49 states and D.C.

If you get married in one state, and move to another state, your marriage is still valid. Therefore, the divorce in Texas sounds perfectly good to me.

These anti-gay marriage people surely get tied into knots and don't even follow the constitutional principles that they should.