Texas Allows Same-Sex Divorce (But Not Same-Sex Marriage)

Photo: Patsy Lynch/REX USA
As the United States Supreme Court moves closer to making its long-awaited ruling on marriage equality, the state of Texas has decided to recognize same-sex divorce.

On Friday, the Texas Supreme Court upheld a lower court's decision to grant a divorce to a lesbian couple who had legally married out of state, Reuters reports. The couple, Angelique Naylor and Sabina Daly, wed in Massachusetts in 2004 and five years later, in 2009, were legally divorced by an Austin judge. But as the Lone Star State has a constitutional ban on same-sex marriage, then Attorney General (and now Governor) Greg Abbott filed a motion to stop the legal separation, on the grounds that "since same-sex marriage is banned under the state's constitution, same-sex divorces cannot be granted by state courts."

The couple, who had been waiting four years for this decision, were essentially granted victory on a technicality, with the court concluding in a 5–3 ruling that Abbott had simply filed his motion against it too late, and "as a simple matter of fact and record, the state is not party to the case."

Current Texas Attorney General Ken Paxton has since argued that the decision is "contrary to the State Constitution," and was made "without allowing the State to mount a defense." But Chuck Smith of same-sex marriage advocacy group Equality Texas could not disagree with him more: "The Texas Supreme Court got this case right."

More from Politics

Between Two Ferns With Zach Galifianakis: Hillary Clinton from Funny Or Die Update: Hillary Clinton's appearance on Between Two Ferns may have smashed ...
We're just hours away from the first presidential debate of the 2016 election. The 90-minute showdown between Hillary Clinton and Donald Trump is ...
Election Day lasts just one day — a 24-hour culmination of the seemingly never-ending campaign season. But we’ll spend the next two, four, six years ...
If the chaotic party politics of the 2016 election have left you feeling completely birdbrained, this video is for you. The Founding Fathers (presented ...
We share the 12 questions we want to hear moderator Lester Holt ask Clinton and Trump tonight
Step aside, old-school political merch. We're way past bumper stickers and buttons. With the election just months away, people across the country are ...
1. Here At Home: Police arrested a suspect in connection with a shooting at a Washington state mall that left five people dead. The shooting took place...
We want to get something out the way. This is not "the most 2016 image ever." The most 2016 image ever is, like, Donald Trump being scared by a bird. But...
When thinking about the Smithsonian's National Museum of African American History and Culture (NMAAHC) opening this weekend, the first thing that comes ...
On Saturday, police arrested a 20-year-old suspect in connection with a shooting at a Washington state mall that left five people dead, reports The ...
The 2016 presidential election has been a captivating contest. If you feel like sometimes you can't look away, well, you're not alone. Even celebrities ...
Update: Charlotte-Mecklenburg Police Chief Kerr Putney announced in a press conference that dashcam and body cam video of the department's interaction with...
What can you do to make the candidates first head-to-head battle as pleasant as possible? What is the secret to keep yourself smizing as you listen to the ...
In the social order of bonobos, females rule and develop cross-generational bonds to keep the males in check. A senior female takes charge, intervening ...