A controversial subject in the State of Texas as well as in the nation as a whole is that of gay divorce. Last month, the Texas Supreme justices debated whether or not to allow gay couples who wed in other states to divorce in Texas.
Supreme Court Justice Don R. Willett said that some would find it odd that a state that outlaws gay marriage would want to prevent the divorce of a gay couple. He added, “It would seem to many that divorce would further the state’s public policy and not undermine the state’s public policy.”
The Attorney General of Texas, Greg Abbott, is against allowing gay couples to divorce in the state and said that Texas’ recognition of “marriage as only being between a man and a woman” prevents the divorce of gay couples in the state.
The controversial subject has been brought into the spotlight recently by two same-sex couples who married in Massachusetts, moved to Texas and then sought divorces, one in Dallas and one in Austin.
The attorney for the two couples, James Scheske of Austin, feels his clients have a right to divorce because they were legally married in Massachusetts. However, since Texas does not recognize gay marriage, in the eyes of the courts, the two couples are not legally married.
Scheske stated these two cases are about divorce and equality and added that the laws of Texas and other states that do not recognize gay marriage “target gays and lesbians for second-class status, those laws do not survive constitutional scrutiny.”
Abbott’s deputy attorney general, James Blacklock, agrees with his boss and argued before the court that “there is no way to grant a divorce without recognizing a marriage.” He added that gay couples who are denied a divorce do have the option of voiding their marriages in Texas.
Original Source found here.