Skip to comments.Same-sex common-law marriage a Texas first (more judicial activism)
Posted on 10/07/2015 5:08:05 AM PDT by a fool in paradise
For the first time in Texas history, a same-sex relationship has been recognized as a common-law marriage.
Travis County Probate Judge Guy Herman signed a judgment acknowledging that Stella Powell and Sonemaly Phrasavath met the legal requirements to be considered married even though their eight-year relationship did not include a marriage license.
Hermans order, signed Monday but distributed Tuesday, ended Phrasavaths quest to have her relationship with Powell, who died last year, recognized as a marriage after Powells siblings filed a probate suit stating that she had died single because she could not marry another woman under Texas law.
The ensuing legal fight over Powells estate mushroomed from a small family-law dispute into a proxy battle over same-sex marriage that involved gay-rights advocates and was strenuously opposed by Attorney General Ken Paxton...
Phrasavath argued that she and Powell met the legal requirements, noting that they began dating in 2006 and celebrated a 2008 marriage ceremony that, though not recognized under Texas law, was performed by a Zen Buddhist priest. They also lived openly as spouses in a Northwest Austin home, she said....
(Excerpt) Read more at mystatesman.com ...
Look at the bright side. When gay couples break up, the poorer one will be able to claim common law marriage as a way to get palimony or alimony or a share of the “marital” property and gays will get dragged into the hellish, ugly division of marital property disputes that straight couples have all the time.
I kind of like this...saddle them with all the crazy marriage laws out there. So now when they shack up they are getting married in some states.
They both have to proclaim it to be ‘married’.
There are some partners (even in male-female couples) who refuse to get married.
But maybe now the roommate can get some judge to recognize it after the fact when that person’s family comes calling for their stuff back when their relative dies.
They destroyed marriage and chastity in youth through birth control.
They got the unborn children through abortion.
Latest they got the born children through parentless families or “same sex mirage” (Sodomites).
Next they get the rest of us through euthanasia.
Unless we repent of all those secret personal rebellions against God’s will we’re finished.
Pray the rosary.
Go to the traditional Latin Mass.
Fast and pray.
First thing I'll do when my lawyer opens his office is to sic him on this to find out. Some ladies may find a new and different relationship with me.
In the state of Texas the misconception that living together for a period of time automatically gives you the legality of common law marriage. That is absolutely wrong.
In Texas, if the ones living together actually tell, write, insinuate, or by any other means publicly represent the fact that they are a married couple then they can be declared by law to be married.
I am not now and never will again be married, common law or not. ;)
Would that be common law polygamy?
This gets nasty when you have roommates trying to claim the dead person’s SSI/SSDI benefits, having lived together for years and trying to trump the family’s rights to property.
I’ve wondered about this. How my Texas Bubba’s don’t realize they’re married to each other.
Follow the money...
Common law marriage (heterosexual) is still valid in Texas.
You have a good point about the roommate; after the first roomie dies, the remaining roomie could —claim— that they were the other half of a homosexual relationship & go after the $....
Adding onto my previous post
Even if the roomies weren’t homosexual.
They do NOT have to proclaim to be married. It depends on the state. If you have sex and live together in some states after X years you are considered married.
I love it! Let them see how they screwed up supporting this crap.
Generally speaking, the handful of states which recognize common-law marriage have requirements which have to be met before recognizing the relationship as a marriage. Living together in itself generally won’t do it.
Living together does not in itself establish any sort of common-law marriage. The people involved have to undertake certain actions outlined in statute to gain that recognition.