A Closer Look at Same- Sex Divorce in Texas

Recently, the Justices of the Texas Supreme Court were tasked with answering whether Texas courts have jurisdiction to hear same -sex divorce cases. Below are a few of the issues involved in the two same-sex divorce cases:

• Procedural questions v. constitutional inquiries. During the oral arguments, the Justices posed more procedural questions.
• The inconsistency between the two same-sex divorces. The Fifth Court of Appeals in Dallas held that the lower court did not have jurisdiction over the same-sex divorce and that the ban on same-sex marriage did not violate equal protection. However, in State of Texas v. Naylor the couple’s divorce was granted.
• The question of whether or not Texas has jurisdiction over same-sex divorces.
• The constitutional issue: equal rights to receive a divorce.

See Angela Morris For Better, For Worse, Forever? Same- Sex Divorce in Texas, Texas Lawyer, Nov. 6, 2013.