Skip to comments.Texas Fighting Same Sex DIVORCE
Posted on 02/17/2010 6:55:58 AM PST by laotzu
Forget about same sex marriage, the State of Texas is trying to block same sex divorce.
Attorney General Greg Abbott is stepping in to urge a judge in Travis County to reject the divorce petition of a San Antonio woman who married her female partner in Massachusetts, where same sex marriage is legal, and now want to divorce in Texas.
"A divorce is an ending or a termination of a valid legal marriage," Abbott said. "In this case, there was no valid legal marriage recognized by the state of Texas."
The issue of same sex divorce is on the cutting edge of changing attitudes about what constitutes marriage and divorce.
Generally, couples who were married anywhere can divorce anywhere, but Abbott's argument raised the question of whether the Texas Constitution, which expressly prohibits same sex marriage, can also prevent same sex divorce.
"When the proceeding was settled, a divorce was offered up by the judge with the possibility of being granted," Abbott said.
The case is expected to be decided by the Texas Supreme Court.
“A divorce is an ending or a termination of a valid legal marriage,” Abbott said. “In this case, there was no valid legal marriage recognized by the state of Texas.”
Makes perfectly good sense. What was no a valid marriage in the first place can not be terminated under the laws of the State.
Can’t they return to MA for their divorce?
Three words: void ab initio. Meaning, you can’t undo what never existed. Texas has a list of attempts at marriage which are void ab initio, not just voidable. Same sex attempts are on the list.
We won't. I read somewhere, just this morning, that our AG is fighting it.
This is about the queer agenda being shoved upon the state of Texas..
(And, once again, the best and wisest solution to the problem is for government to get the heck out of the business... in this case, of treating married and single folk differently. Any gay or lesbian or other alternative coupling can have a commitment ceremony in front of friends and loved ones, and have a religious person preside and bless their public promises to each other. They can follow it up with a party at a dance hall, with some really expensive cake and some flowing chocolate thingy. None of this is illegal. The Equal Protection issues, the religious issues, and the confusion all begin because government has decided that those who do have such parties should be treated differently. Stop doing that, and these issues go away forever.)
If they are not legally married in the Great State of Texas, how they obtain a divorce here?
Bingo, heard this on the radio this morning and my first thought was how can they get a ‘divorce’ when the state (Texas) doesn’t even recognize the legality of their ‘marriage’.
Despite the claims that they are not doing this for activist reasons, there is no excuse for not doing this in their home state where the business is landed.