DOMA | Gay Marriage | Greg Abbott | Texas

BigGayDeal.com

Texas To Decide If Married Gays Can Divorce

AbbottGay marriage is presently not legal in Texas as the state constitution explicitly bans marriages and civil unions between members of the same sex. However, the constitutionality of the marriage ban may soon be challenged in the Texas State Supreme Court as two Texas couples - one in Dallas, one in Austin - bring their cases against the state. The Dallas couple had originally filed for divorce in 2009, having legally married in Massachusetts two years prior, but were denied by Greg Abbott of the Texas Attorney General's Office when he invoked DOMA.

Now that DOMA has been struck down the case is being brought back to court to test whether or not Texas will recognize legal out-of-state marriages as well as challenge the constitutionality of Texas family law. Abbott feels confident that the court cases will help prove that the Texas laws do not violate the U.S. Constitution when oral arguments begin in Austin on November 5th.

Feed This post's comment feed

Comments

  1. Mr. Abbott is just about to get a heapin' helpin' of reality.

    Posted by: AllBeefPatty | Aug 26, 2013 2:16:06 PM


  2. State laws are just a smoke screen for federal changes they couldn't get passed. Aside from their state laws, Texas laws do violate the federal constitution as has been proven by the Supreme Court. Texas, as other states have done, has conspired to change their state constitution with the intent of not violating the new version. They weren't able to change the federal constitution after all. Why have tried at all, if nothing was going on.

    If Texas insists on clinging to it's updated prejudiced constitution then they can expect action for blocking equal access to federal benefits currently in place.

    Posted by: Hey Darlin' | Aug 26, 2013 2:23:52 PM


  3. Well SCOTUS said it was a violation of equal protection so that applies to states as well. It makes no sense for the federal government to treat a group equally, but the states don't have to. This is gonna get really interesting.

    Posted by: Anthony | Aug 26, 2013 2:27:33 PM


  4. This whole business about marriage being a function of state law is total nonsense. No heterosexual couple has had to worry about this stuff since the Supreme Court outlawed restriction on interracial marriage. Legally married gay couples are only married sometimes, according to the state law wherever they happen to be.

    Posted by: deke | Aug 26, 2013 3:06:47 PM


  5. No Deke, they are legally married everywhere under the DOMA decision.

    Posted by: Anthony | Aug 26, 2013 3:17:49 PM


  6. "Now that DOMA has been struck down the case is being brought back to court to test whether or not Texas will recognize legal out-of-state marriages"

    This statement is confusing. I'm pretty sure Texas would have been relying on Section 2 of DOMA, which says states don't have to recognize SSMs performed elsewhere. Section 2 still stands. SCOTUS only struck down Section 3.

    The only reason the DOMA decision would bear on this case is because of the broader language explaining the Court's views on anti-gay discrimination. The article makes it sound like DOMA itself no longer applies to this case because it was struck down. I'm pretty sure that's false. Section 2 DOES still apply to this case.

    Posted by: JJ | Aug 26, 2013 3:18:34 PM


  7. Not quite, Anthony. They are legally married for federal purposes. State recognition is separate. Even the federal recognition can get ambiguous, because it's unclear whether it hinges on where the marriage was originally performed or where the couple now lives. Different federal laws and regulations disagree on which standard to use. This is all being sorted out still.

    Posted by: JJ | Aug 26, 2013 3:28:31 PM


  8. The Republican party's hoping to delay any actual movement on a federal level until they can choose a candidate for president. Hoping a Republican controlled presidency can make a final decision.

    Posted by: Hey Darlin' | Aug 26, 2013 4:17:09 PM


  9. You're right, JJ. Since only Section 3 of DOMA was struck down, a couple who married in VT and returns to TX is unmarried there and, for federal purposes, it depends on the benefits, the agency, and the varying rules about marriage celebration and domicile. In other words, it's an insane mess for everyone living outside the equality states. That's why the legal patchwork is ultimately unsustainable and why cases--like this one in TX--will be closely watched.

    Posted by: Ernie | Aug 26, 2013 4:51:33 PM


  10. Don't expect any good results coming out of the Texas Supreme Court. We have partisan elections for judges here so basically you'll have republican politicians deciding this case and every other case.

    Posted by: KEVIN | Aug 26, 2013 7:05:31 PM


  11. Obama can issue an executive order requiring all same sex married couples be treated equally for all federal purposes regardless of state residency.

    Posted by: Anthony | Aug 26, 2013 7:07:09 PM


  12. And you are right it is 100% unsustainable which is why SCOTUS will have to apply heightened scrutiny to sexual orientation and thereby invalidate all marriage bans. At this rate things are going it will be sooner rather than later.

    Posted by: Anthony | Aug 26, 2013 7:09:42 PM


  13. And you are right it is 100% unsustainable which is why SCOTUS will have to apply heightened scrutiny to sexual orientation and thereby invalidate all marriage bans. At this rate things are going it will be sooner rather than later.

    Posted by: Anthony | Aug 26, 2013 7:09:42 PM


  14. Kevin the Texas Supreme Court can be reversed by SCOTUS. This may be the case that could allow in nationwide marriage.

    Posted by: Anthony | Aug 26, 2013 7:11:45 PM


  15. In other news, the New York Times has reported that Texas couples are crossing over the border to get married in New Mexico. Might be hard to resist if you're in El Paso and right next to Doña Ana County.

    http://mobile.nytimes.com/aponline/2013/08/23/us/ap-us-gay-marriage-new-mexico.html?h=KAQGlndfz&s=1&

    Posted by: Fox | Aug 26, 2013 7:16:17 PM


  16. The Texas Supreme Court cannot be reversed by the Supreme Court of the United States if the TSC is ruling on purely Texas issues. If there are issues that overlap Federal law, then, yes. But marriage is a traditionally state issue under federal law. I don't see a federal issue here. Texas has the right to determine who can get divorced in Texas. There is no federal divorce law.

    Posted by: RobNYNY1957 | Aug 26, 2013 9:09:45 PM


  17. It's readily apparent AG Abbott doesn't have a leg to stand on.

    Posted by: parkrunner | Aug 27, 2013 12:30:02 PM


  18. Texas needs to get out of the lives of others.

    Posted by: James E. Smith | Aug 29, 2013 12:03:53 PM


Post a comment







Trending


« «Donald Trump Sued For $40M Over Fake 'University': VIDEO« «