Texas Supreme Court to Hear Same-Sex Divorce Case

In the first test of Texas’ same-sex marriage bansince the U.S. Supreme Court’s DOMA ruling, the Texas Supreme Court will soondetermine whether a same-sex couple legally married in another state can begranted a divorce in Texas.

The case involves two Austin women and two Dallasmen seeking a divorce.  Attorney GeneralGreg Abbott argues Texas law forbids any action recognizing or validatingsame-sex marriages obtained out-of-state. The couples argue divorce is a private matter that would not obligateTexas to recognize out-of-state same-sex marriages.  They believe that if Texas is able to denythe right to divorce then the state’s ban on same-sex marriage should beoverturned.

The court will hear oral argument on November 5.

See Chuck Lindell, TexasSupreme Court Takes Same-Sex Divorce Case, Austin American-Statesman, Aug.23, 2013.