Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, August 28, 2013

Texas Supreme Court to Hear Same-Sex Divorce Case


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.


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