Texas AG Cannot Block Same-Sex Divorce

While millions of Americans celebrate the recent U.S. Supreme Court ruling that allows same-sex couples to marry, another decision affected couples in Texas seeking a same-sex divorce. Last week, the Texas Supreme Court ruled that the state attorney general did not have the standing to appeal the divorce of a same-sex couple. The ruling upheld a 2011 appeals court decision that allowed the same-sex divorce to proceed, despite the fact that Texas did not recognize same-sex marriage.

Details of the Same-Sex Divorce Case

The couple, Angelique Naylor and Sabina Daly, were married in Massachusetts in 2004. The marriage was legal in that state, but not recognized in Texas. The couple applied for a same-sex divorce, which was approved by Texas District Judge Scott Jenkins of Travis County. Current Texas Governor Greg Abbott, then the state’s Attorney General, attempted to appeal the same-sex divorce on the grounds that Texas did not recognize the original marriage. The state’s 3rd Court of Appeals ruled that the attorney general’s office did not have the legal standing to make such an appeal.

TXSC Upholds Same-Sex Divorce

Five justices voted to uphold the same-sex divorce ruling. In the majority decision, Justice Jeff Brown wrote that “the State did not timely intervene in this dispute and therefore is not a party of record.” Justice Brown noted that the question of the same-sex divorce involved the timeliness of the attorney general’s actions. The ruling did not affect the legal standing of either same-sex marriage or same-sex divorce in Texas. Last year, voters approved a constitutional amendment that limited marriage as being between heterosexual couples.

Dissent Over Same-Sex Divorce Decision

Justice Don Willett wrote the court’s dissenting opinion on the same-sex divorce case. He wrote that the appeals court should have allowed the attorney general’s office to perform its duties to “preserve, protect and defend Texas law.” He also wrote that he would allow the attorney general’s office the time to show that the Texas constitution “prohibits a judge not only from performing a same-sex marriage but also from dissolving one.”

Gov. Calls Same-Sex Divorce Decision “Disappointing”

Governor Abbott, who is also a former Supreme Court Justice, released a statement on the same-sex divorce ruling. He called the decision “disappointing and legally incorrect” and that it “mistakenly relied on a technicality” to uphold the appeals court ruling. Cynthia Meyer, a spokesperson for Texas Attorney General Ken Paxton, told reporters that the state attorney’s officer should have been allowed “to mount a defense” and that the state’s top lawyer “must always have a voice…when the Texas Constitution is at risk.”

Source: Texas Tribune

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