Texas Supreme Court Upholds Divorce Of Same-Sex Couple | KERA News

Texas Supreme Court Upholds Divorce Of Same-Sex Couple

Jun 19, 2015

The Texas Supreme Court has upheld the Austin divorce of a same-sex couple, rejecting challenges in a state where gay marriage remains outlawed.

The court ruled Friday that the state lacks standing to intervene in the divorce of Angelique Naylor and Sabina Daly, who were married in Massachusetts in 2004. The decision has no impact on Texas' gay marriage ban, but comes ahead of the U.S. Supreme Court potentially legalizing same-sex marriage later this month.

Republican Gov. Greg Abbott challenged the divorce while he was still attorney general. He argued that a divorce couldn't be granted in a state where the marriage isn't recognized as valid.

The all-Republican court didn't address that issue, but instead ruled that the state simply waited too long to intervene in the divorce.  

This report was provided by the Associated Press. 

Texas Attorney General Paxton released this statement regarding the ruling:

"Today, the Texas Supreme Court effectively recognized same-sex divorce in Texas, contrary to the State Constitution, and without allowing the State to mount a defense.  The people of Texas overwhelmingly chose to restate in our Constitution the fact that marriage is between one man and one woman. However, certain State courts have chosen to erroneously recognize and apply the effect of a law from another state here in Texas, ignoring prevailing law. Preserving the integrity of the Texas Constitution must be paramount, and the Office of the Attorney General should always have a voice in the discussion when the Texas Constitution is at risk.”