Same Sex Couple Allowed Divorce in Texas
Should same sex couples be allowed to file for divorce in a jurisdiction they were not married in? A question on most Texans’ minds with the recent decision made by a state judge to allow a gay couple to divorce.
Many same sex couples are happy to hear the decision not because they want to get a divorce, but they hope it may be a breakthrough for allowing gay marriage, which is currently banned in the state of Texas.
Back in 2005, voters approved a constitutional amendment that defined marriage as a union between one man and one woman, thus not allowing same sex couples to marry.
So if a gay couple wishes to get married, they must do so out of the state and then return back home to their lives.
The two men seeking divorce married in Cambridge, Mass. in September 2006 and later returned to Dallas. The men filed for divorce citing, “discord or conflict of personalities.” They are keeping their identities anonymous in hopes to keep their life private.
State district judge Tena Callahan ruled that the Dallas couple could file for divorce in under her jurisdiction in Texas.
Texas Attorney General Greg Abbott and Texas Governor Rick Perry state the judges’ ruling will be appealed as they feel it goes against the constitution. Abbott wants to appeal the ruling to uphold the ideas of marriage the Texas voters voted for and agreed upon.
But Callahan disagrees and states her decision protected the couple’s rights as human beings and that the Texas ban on marriage violates the U.S. Constitution. Callahan denied the district attorney’s involvement stating she has “jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction.”
Abbott argues since gay marriage isn’t allowed or recognized in Texas, then no court can dissolve a marriage through divorce.
He continues to state, “The laws and the constitution of the state of Texas define marriage as an institution involving one man and one woman.”
He thinks this ruling will destroy constitutional definition already voted on. The Texas family code does not allow same sex marriage or civil union either. It stops the state and cities from providing legal protection or benefits for same sex marriage.
Since many heterosexual couples can get married in one jurisdiction and divorced in another, it will be interested to see if Texas State Laws allow the same for same sex couples.
October 16th, 2009 at 10:51 am
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October 16th, 2009 at 10:58 am
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October 19th, 2009 at 8:36 pm
For me, they are not allowed to file a divorce because I’m really against same sex marriage. But, they also have the rights because they are still human beings…
October 23rd, 2009 at 4:12 am
You have a good topic about same sex marriage. Well, people who are favored in same sex marriage still have the right to file a divorce since it has been accepted in many countries because they are still humans and that’s based on my own opinion. By the way I like your blogs, it’s pretty interesting to read.. Thanks for the nice information.
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