Same-sex marriage is currently banned here in Texas. This ban has given rise to many legal questions. Sometimes, when questions arise in connection to a state’s laws, the state’s supreme court will consider such questions and give answers to them.
Recently, the Texas Supreme Court agreed to hear a pair of cases that raise some questions related to the state’s same-sex marriage ban.
The cases involve a pair of same-sex couples from Texas. One of the couples is from Dallas and the other is from Austin. Both couples were married in Massachusetts, a state that allows same-sex marriages. Divorces are now being sought in these two marriages.
The questions the couples are raising in the cases are:
- Does the same-sex marriage ban in Texas prohibit Texas from providing divorces to same-sex couples who were married in other states?
- Does the U.S. Constitution require Texas to grant divorces sought by same-sex couples who were married in other states?
- Does the same-sex marriage ban violate the U.S. Constitution?
The Texas Supreme Court is scheduled to begin hearing these two cases in November. What decisions the court ultimately reaches in relation to the above-mentioned questions could have major impacts on same-sex couples in Texas. Thus, it will be very interesting to see what the court ultimately decides in these cases.
As with any couple, complex family law issues can arise between same-sex partners. The same-sex marriage ban can make addressing such issues particularly challenging/complicated. Thus, if a person in a same-sex relationship is facing a family law issue, he or she may wish to consider speaking to an attorney with experience in same-sex partner legal issues.
Source: CBS Houston, “Texas Supreme Court To Consider Whether State Has Jurisdiction Over Same-Sex Divorce,” Aug. 24, 2013