Texas, Mississippi Try First Same-Sex Divorce Cases

The recent U.S. Supreme Court ruling allowing for same-sex marriages to be recognized around the country has also led to a number of same-sex divorce cases. Two same-sex divorce cases involving couples who had married in other states were resolved in states that had only recognized such unions after the Supreme Court ruling. A lesbian couple who had married in New Hampshire in 2010 had their divorce case heard in El Paso, Texas, while another lesbian couple had their California marriage end in a Mississippi divorce court.

Details of the Texas Same-Sex Divorce Case

District Court Judge Mike Herrera granted Jennifer Gasca and Stephanie Clifford a same-sex divorce in an El Paso courtroom on June 29, just three days after the Supreme Court ruling. The couple had filed for a divorce on October 31, 2012, in El Paso after meeting the six-month residency requirement. At that time, the state did not recognize same-sex marriages performed in other states. Since Texas was one of the thirteen states that did not recognize same-marriages, judges also could not grant same-sex divorces.

Same-Sex Divorce Ruling Prompts Other Cases

The issue of same-sex divorce also arose in another recent court ruling. The Texas Supreme Court ruled that the attorney general’s office did not have legal standing to block a same-sex divorce case. The ruling upheld an appeals court verdict from 2011 stating that a lesbian couple, who had married in Massachusetts in 2004, could still get a divorce in Texas despite the state’s stance on same-sex marriage. The ruling stated that then-Attorney General Greg Abbott did not have the authority to appeal the lower court’s decision.

Mississippi Same-Sex Divorce Case Details

In one of the first same-sex divorce cases in the Deep South, a lesbian couple who married in California in 2008 received a same-sex divorce in Mississippi. The attorney for Lauren Czekala-Chatham argued that the Supreme Court decision that called on all states to recognize same-sex marriages also allowed for same-sex divorce across the country. Ms. Chatham had separated from her spouse, Dana Ann Melancon, in 2010. The couple had filed for divorce, but county judge ruled in 2013 that the state’s constitutional provisions against same-sex marriage prohibited him from granting the divorce petition.

Mississippi AG Gives Up Same-Sex Divorce Fight

While the couple could have obtained a same-sex divorce in California, they chose to have their petition heard in their new home state. Mississippi Attorney General Jim Hood had argued that his state was not required to recognize the couple’s California marriage and blocked the attempts to grant their divorce. He also cited Mississippi laws that defined traditional marriage as being between opposite-sex couples. After the U.S. Supreme Court ruling, Mr. Hood filed a motion that the couple’s divorce should be granted.

Sources: El Paso Times, Texas Tribune, TownHall.com

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