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Same-sex common-law marriage a Texas first (more judicial activism)
Austin American Statesman ^ | Posted: 4:20 p.m. Tuesday, Oct. 6, 2015 | Chuck Lindell

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.

Herman’s order, signed Monday but distributed Tuesday, ended Phrasavath’s quest to have her relationship with Powell, who died last year, recognized as a marriage after Powell’s 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 Powell’s 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 ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; US: Texas
KEYWORDS: activistcourts; commonlawmarriage; homosexualagenda; retroactive; ruleoflaw
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Retroactive recognition. But it's about two people in love, not property and things.
1 posted on 10/07/2015 5:08:05 AM PDT by a fool in paradise
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To: a fool in paradise

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.


2 posted on 10/07/2015 5:11:33 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: a fool in paradise

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.


3 posted on 10/07/2015 5:13:51 AM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: for-q-clinton

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.


4 posted on 10/07/2015 5:16:19 AM PDT by a fool in paradise (Will Bernie Sanders run as an Independent if he does not get the nomination of the Democrat Party?)
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To: a fool in paradise

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.


5 posted on 10/07/2015 5:18:29 AM PDT by Repent and Believe (...prelates must be questioned, even publicly, by their subjects. - Saint Thomas Aquinas)
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To: a fool in paradise
Once upon a time, Common Law Marriage was eliminated here in Texas. That was important to me. I couldn't be trapped unless there was a real wedding. Different genders or not.

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.

/johnny

6 posted on 10/07/2015 5:19:48 AM PDT by JRandomFreeper (gone Galt)
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To: a fool in paradise

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.


7 posted on 10/07/2015 5:20:48 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: DH
That was my understanding. I need to make sure that still stands.

I am not now and never will again be married, common law or not. ;)

/johnny

8 posted on 10/07/2015 5:25:29 AM PDT by JRandomFreeper (gone Galt)
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To: a fool in paradise
I miss the rule of law. Next thing we know, this power-drunk judge
will declare that all crazy cat ladies are married to their cats.

Would that be common law polygamy?

9 posted on 10/07/2015 6:12:30 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Opinionated Blowhard

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.


10 posted on 10/07/2015 6:18:40 AM PDT by tbw2
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To: a fool in paradise

I’ve wondered about this. How my Texas Bubba’s don’t realize they’re married to each other.


11 posted on 10/07/2015 6:22:01 AM PDT by tje
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To: a fool in paradise
The ensuing legal fight over Powell’s estate

Follow the money...

12 posted on 10/07/2015 6:37:11 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: JRandomFreeper

Common law marriage (heterosexual) is still valid in Texas.


13 posted on 10/07/2015 7:31:52 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: tbw2

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 $....


14 posted on 10/07/2015 7:35:08 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: tbw2

Adding onto my previous post

Even if the roomies weren’t homosexual.


15 posted on 10/07/2015 7:36:04 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: a fool in paradise

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.


16 posted on 10/07/2015 8:04:45 AM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: tbw2

I love it! Let them see how they screwed up supporting this crap.


17 posted on 10/07/2015 8:05:31 AM PDT by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: WildHighlander57
Are you a family lawyer in the State of Texas?

/johnny

18 posted on 10/07/2015 8:33:46 AM PDT by JRandomFreeper (gone Galt)
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To: WildHighlander57

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.


19 posted on 10/07/2015 10:39:59 AM PDT by Coronal
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To: tje

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.


20 posted on 10/07/2015 10:42:16 AM PDT by Coronal
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