Wednesday, August 28, 2013
In the first test of Texas’ same-sex marriage ban since the U.S. Supreme Court’s DOMA ruling, the Texas Supreme Court will soon determine whether a same-sex couple legally married in another state can be granted a divorce in Texas.
The case involves two Austin women and two Dallas men seeking a divorce. Attorney General Greg Abbott argues Texas law forbids any action recognizing or validating same-sex marriages obtained out-of-state. The couples argue divorce is a private matter that would not obligate Texas to recognize out-of-state same-sex marriages. They believe that if Texas is able to deny the right to divorce then the state’s ban on same-sex marriage should be overturned.
The court will hear oral argument on November 5.
See Chuck Lindell, Texas Supreme Court Takes Same-Sex Divorce Case, Austin American-Statesman, Aug. 23, 2013.