Can Gays Get Divorced In Texas

[Leo The Cleo]

I am wondering if a gay married couple can get divorced in Texas. Texas doesn't recognize marriage contracts between gay couples. But if living in Texas, can that contract be broken? How does one go about dissolving their assets in Texas? If one is granted a gay divorce in Texas, does that mean they recognized gay marriage?

[Leo The Cleo]

1. Is there an answer?

[sui generis]

2. technically yes.

http://www.dallasvoice.com/artman/publish/article_11924.php

[Leo The Cleo]

3. Does this mean the State recognizes the Marriage

If the court recognizes it then how does the state not recognize it.

[FBaggins]

4. Interesting

One husband is willing to fight a battle that very well could become national news... but isn't "out" to his coworkers?

As for the case itself. At this point it doesn't demonstrate that divorce is an option in TX. There's a good chance that THIS couple will be able to receive one before appeals are handled, but that doesn't open the door for others.

Moreover... I don't think it's kosher for a state judge to overturn a state constitutional provision using the federal constitution. I think a federal court would need to do that.

[sui generis]

5. I believe a state judge is obligated to "not enforce"

if there is a question about interpretation of rights. Callahan is amazing - read up more about her; a REAL American with real American values.

She does Texas proud.

[FBaggins]

8. I don't think I agree.

I DO know that they have an obligation to uphold their state's constitution where it is unambiguous. I think that she would only have the ability to "not enforce" if a prior federal ruling (in her circuit or above) set a precedent.

Regardless... she can't make a lasting ruling on her own since I have little faith that higher TX courts would agree with her. At best her ruling can help these two guys before someone higher up slams the door.


This BTW... is merely a legal discussion.. not a debate on the merits.

[sui generis]

9. oh no, it has to address the ambiguity

This is one route to federal review.

[FBaggins]

11. Problem is...

What ambiguity?

Texas' rule is crystal clear (again... this isn't whether we agree with it or not)... and the courts that have ruled correctly on the issue have been state courts ruling on state constitutions. I don't think there is any federal appelate decision that creates an window for this judge.

[sui generis]

14. Well Frodo, it's wait and see for sure

One thing is utterly certain, Texas has achieved nothing. No gays split up. No straight people got married. Beneficiary status was not impacted in any way so probate law is not impacted. The state would have to prove that a legal arrangement approximated marriage exclusively, and that would essentially invalidate the large bulk of contract law findings for non-conveyance of property.

It was just a petty, mean thing for Texas to do, and ultimately we're still doing what we've ever done. And federal definitions aside, I will fuck anyone up who acts on a claim that I'm not married to my partner of 11 years, and that includes state and federal officials, nuns with wooden legs, and puppies and kittens if necessary.

[FBaggins]

15. Then it sounds like...

...you won't ever need to know whether a particular state will let you have a divorce.

Congrats! :)

[Lone_Star_Dem]

6. A Texas state District judge ruled that two men married in another state could divorce in Texas

She also said the state ban on gay marriages is in violation of the US Constitution.

Judge calls Texas' gay-marriage ban into question

In a first for Texas, a judge ruled Thursday that two men married in another state can divorce here and that the state's ban on gay marriage violates the U.S. Constitution.

Both a voter-approved state constitutional amendment and the Texas Family Code prohibit same-sex marriages or civil unions.

Although the case is far from settled, and the state's constitutional ban on gay marriage is a long way from being thrown out, Dallas state District Judge Tena Callahan's ruling says the state prohibition of same-sex marriage violates the federal constitutional right to equal protection.

Texas Attorney General Greg Abbott had intervened in the two men's divorce case, arguing that because a gay marriage isn't recognized in Texas, a Texas court can't dissolve one through divorce.

Callahan, a Democrat, denied the attorney general's intervention and said her court "has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction."

http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/DN-gaydivorce_02met.ART.State.Edition2.4bcd80d.html

[Arkana]

7. Actually, if a gay couple got married in Iowa or in one of the New England states,

Texas would be forced to recognize it through the FF&C clause. So yeah--I think they'd be allowed to get divorced.

Why FF&C has not rendered gay marriage bans completely impotent yet I do not know.

[Recovered Repug]

10. The short answer.

Congress can put limits on the FF&C. In the case of gay marriage, Congress passed DOMA.

[FBaggins]

12. Yes and no

Congress can pass laws that codify what FF&C means and how it works. They can't define it away however. A court could rule that DOMA unconstitutionally restricts FF&C.

[Leo The Cleo]

13. I don't know either