AUSTIN, Texas – The Texas Supreme Court says it will consider whether the state has jurisdiction over same-sex divorces and the constitutionality of the state’s law banning same-sex marriage.
The court will hold oral arguments on Nov. 5 for two cases presented by Dallas and Austin same sex-couples who married legally in Massachusetts. Texas voters overwhelmingly approved a constitutional ban on gay marriage in 2005.
Texas Attorney General Greg Abbott said in a brief that the state would benefit from the court’s ruling on the issue and declaring the ban on same-sex marriage does not violate the U.S Constitution.
In one of the cases, a woman wanting to divorce her wife argues that Texas’ family code allows for same-sex divorce and the U.S. Constitution requires courts in Texas to grant her a divorce. The state intervened because, Abbot said in a brief, the Texas’ family code prohibits the state and its agencies from giving effect to any public record or judicial proceeding that creates, recognizes or validates marriage of persons of the same sex. By definition, Abbot continues, the divorce petitioner was asking the court to give effect to her same-sex marriage.
The other case, involving two men, also asks the court whether Texas family code is consistent with the U.S. Constitution and whether the section of the Texas’ family code that prohibits same-sex marriage can be interpreted to ban same-sex divorce as well.