How Texas Conservatives Keep Gay Couples Locked in Marriage
In his last few sessions in the Texas Legislature, former state Rep. Warren Chisum, a conservative Republican from Pampa, filed legislation to chip away at no-fault divorce. Before he left the Legislature in 2012, Chisum sought to strengthen marriage by making it more difficult to divorce. Chisum also happened to be among the most outspoken anti-gay members of the Legislature and the architect of the state’s 2005 ban on same-sex marriage and civil unions.
Much has changed since Chisum began his marriage crusades. Fourteen states now recognize marriage equality and, following this summer’s landmark U.S. Supreme Court ruling in United States v. Windsor, so does the federal government. Windsor has sparked a number of lawsuits around the country, challenging both state bans on same-sex marriage and the recognition of marriages performed in other states. Despite these bans, thousands of legally married same-sex couples now reside in states, like Texas, that prohibit marriage equality. While many states grapple with whether same-sex couples can get married, Texas is deciding whether same-sex couples must stay married.
As it turns out, Texas’ anti-gay policies may create something very close to Chisum’s ideal of lifelong marriage—but, ironically, only for same-sex couples. Texas’ laws against same-sex unions may have the perverse effect of keeping same-sex couples bound in marriage.
Today, the Texas Supreme Court addressed the question head-on: Even though Texas does not recognize same-sex marriage, must it authorize divorce?
More at http://www.texasobserver.org/op-ed-texas-conservatives-keep-gay-couples-locked-marriage/ .
Cross-posted in Texas Group.
