Texas Supreme Court Considers Same Sex Divorce

Nov 5, 2013

The Texas Supreme Court is tackling whether a state that bans gay marriage can grant divorces to same-sex couples who married in other states.

The court heard oral arguments Tuesday on two cases of gay couples in Austin and Dallas. Both got married in Massachusetts and later wanted a divorce in Texas.

Texans approved a constitutional ban on gay marriage in 2005. State attorney general Greg Abbott argues that allowing Texas to grant a divorce requires recognizing the marriage.

The couple argues Texas can't dispute they got married and that the state's ban on gay marriage doesn't include divorce. The state countered that the only remedy for them is to declare their marriages void, as if they were never legal.

The court is not expected to rule for several months.

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