This blog has previously discussed and examined the recent petitions by some in favor of gay marriage and divorce in Texas. Most recently, the case of a same-sex couple petitioning for a divorce was struck down by a U.S. District Court judge. There has now been a response from lawyers petitioning the federal court. This petition seeks the legality of same-sex marriage in Texas.
Essentially, lawyers argue that the decision of a Texas judge to put a stay on same-sex marriage is incorrect. This is due to the radical change in the “constitutional environment” since the stay was enacted. The radical change they are referring to is the federal government recognized same-sex marriage as a legal union. The stay was put on the issue prior to this federal development.
Approving same-sex marriage would be the milestone that would thereby allow same-sex divorce in Texas. For reader who haven’t read about the case, it is available in a previous blog here. This case was highly publicized around the nation and caught the attention of many activists. If the federal government was to overturn the decision of the Texas judge it would be a landmark case for same-sex couples in Texas.
Thirty-five states plus the District of Columbia now allow gays and lesbians to wed. Lawyers are now petitioning for a few more in the 6th District Court. The way legislation has been changing, it seems almost inevitable that the district court will adhere to this change in constitutional landscape. This will affect the legality of same-sex couples everywhere.
Source: NBC News, “Lawyers ask Fed Court for Gay-Marriage Green Light in Texas,” Miranda Leitsinger, Nov. 24, 2014