Gay Divorce? Texas Says No

[Christa]

DALLAS — After the joy of a wedding and the adoption of a baby came arguments that couldn't be resolved, leading Angelique Naylor to file for divorce. That left her fighting both the woman she married in Massachusetts and the state of Texas, which says a union granted in a state where same-sex marriage is legal can't be dissolved with a divorce in a state where it's not.

A judge in Austin granted the divorce, but Texas Attorney General Greg Abbott is appealing the decision. He also is appealing a divorce granted to a gay couple in Dallas, saying protecting the "traditional definition of marriage" means doing the same for divorce.

A state appeals court is scheduled to hear arguments in the Dallas case on Wednesday.

The Dallas men, who declined to be interviewed for this story and are known only as J.B. and H.B. in court filings, had an amicable separation, with no disputes on separation of property and no children involved, said attorney Peter Schulte, who represents J.B. The couple, who married in 2006 in Massachusetts and separated two years later, simply want an official divorce, Schulte said.

The drawn-out process has been frustrating for Naylor, who says she didn't file for divorce as an equal rights statement – she just wants to get on with her life.

Full article here:
http://www.huffingtonpost.com/2010/04/20/gay-divorce-texas-says-no_n_543965.html

[beyurslf]

1. I could understand if he wanted to ban divorce as a way to protect marriage

since that is the only institution designed specifically to destroy it. But this guy is just a freak.

[Skinner]

2. How ironic.

The state of Texas doesn't want gays to get married. But if a gay couple is *already* married, Texas doesn't want them to get divorced.

Make up your mind, Texas.

[brendan120678]

3. Unfortunately, this is going to be...

happening more and more often in states that do not recognize marriage equality.

And these couples can't go back to Massachusetts to get divorced, because while there is no residency requirement there for marriage, there is one for divorce.

And since other states, like Texas, do not recognize marriage equality, by granting their divorce that is a de facto recognition that the two are indeed married in the eyes of the State of Texas. Which they want to avoid.