As we have discussed in past posts, the Texas Supreme Court is currently considering whether state courts must recognize same-sex divorces. That case involves a gay couple who was legally married in Massachusetts and is seeking a divorce in their home state of Texas.
But that’s not the only same-sex marriage litigation going on in the state. In fact, there are several other cases making their way through the court systems right now, including more than one that are attempting to overturn Texas’ constitutional ban on same-sex marriage.
According to the senior counsel for an LGBT legal advocacy group, Texas’ same-sex marriage ban is part of an inconsistent “patchwork of laws” around the country, some of which make same-sex marriage and divorce legal while others ban it.
“The idea that you’re married in one state and not in another … that’s just unworkable,” the attorney advocate said.
Recently, judges in states such as Utah and Oklahoma have thrown out same-sex marriage bans based on the U.S. Supreme Court’s ruling last summer that struck down the Defense of Marriage Act. However, the Court did not go so far in its decision to overrule all same-sex marriage bans as unconstitutional.
The attorney with the LGBT legal advocacy group said another U.S. Supreme Court case could provide a “national solution” to the issue as soon as next year. Until then, advocates on both sides of the issue will continue pressing state and federal courts for answers.
Please check back later this week for more information on this important legal issue.
Source: Texas Tribune, “Same-Sex Marriage Advocates Battle in Court,” Edgar Walters Feb. 12, 2014