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Texas Fighting Same Sex DIVORCE
WOAI ^ | 2/17/10 | Jim Forsyth

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.


TOPICS: Culture/Society; Government; News/Current Events; US: Texas
KEYWORDS: activistcourts; homosexualagenda; lavendermafia; pervertpower; perverts; samesexdivorce; samesexmarriage
Texas is not for everyone.
1 posted on 02/17/2010 6:55:58 AM PST by laotzu
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To: laotzu

.
“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.


2 posted on 02/17/2010 6:59:16 AM PST by Touch Not the Cat
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To: laotzu

Can’t they return to MA for their divorce?


3 posted on 02/17/2010 6:59:49 AM PST by sionnsar (IranAzadi|5yst3m 0wn3d-it's N0t Y0ur5:SONY|Remember Neda Agha-Soltan|TV--it's NOT news you can trust)
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To: laotzu
Allowing same-sex divorce assumes that the same-sex marriage is valid. Gay couples have tried this in other states where same-sex marriage is not valid. If this is allowed, their lawyers can then argue that same-sex marriage is valid in Texas because they allowed a same-sex divorce to go forward. DON'T FALL FOR THIS, TEXAS!
4 posted on 02/17/2010 7:01:51 AM PST by originalbuckeye
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To: Touch Not the Cat

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.

Colonel, USAFR


5 posted on 02/17/2010 7:08:21 AM PST by jagusafr (Kill the red lizard, Lord! - nod to C.S. Lewis)
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To: originalbuckeye
DON'T FALL FOR THIS, TEXAS!

We won't. I read somewhere, just this morning, that our AG is fighting it.

6 posted on 02/17/2010 7:12:22 AM PST by laotzu
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To: sionnsar
It's not about them going back the Mass. for divorce, which, they can do the paperwork from Tx. as long as the D is uncontested and have a Mass. lawyer file them in the Clerk's Office. One year and a day later, only one has to be present in front of the judge or the lawyer can also do it.

This is about the queer agenda being shoved upon the state of Texas..

7 posted on 02/17/2010 7:13:26 AM PST by RSmithOpt (Liberalism: Highway to Hell)
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To: jagusafr
And, if Texas were to grant said divorce, it would take about 4 minutes for the first attorney to draft an argument that this divorce means that Texas now de facto recognizes such "marriages".

(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.)

8 posted on 02/17/2010 7:14:44 AM PST by Teacher317
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To: laotzu

If they are not legally married in the Great State of Texas, how they obtain a divorce here?


9 posted on 02/17/2010 7:26:45 AM PST by GregoTX (When people find they can vote themselves money it will herald the end of the republic. Ben Franklin)
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To: GregoTX

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’.


10 posted on 02/17/2010 7:59:13 AM PST by LoneStarGI (Vegetarian: Old Indian word for "BAD HUNTER.")
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To: sionnsar

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.


11 posted on 02/17/2010 10:41:37 AM PST by a fool in paradise (DON'T SAY "Happy Valentines' Day". It's Happy Holidays! This is the Holiday Season (Prez Day Feb15))
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