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Texas divorce case could set precedents for same-sex marriage

Texas is on the precipice of landmark litigation affecting how the law treats same-sex couples. The case has followed the long and bumpy road of two women seeking a divorce in a state where same-sex marriage is not allowed under current law. Shortly after the case gained notoriety, the Attorney General sought to block the proceedings for fear that it would undermine the state constitutional ban on same-sex marriage.

The State District judge overseeing the case followed the precedent of a previous ruling, which finds the ban on same-sex marriage to be in violation of the U.S. Constitution. The state’s attorneys vowed to appeal, setting the stage for a legal battle over the Texas position on same-sex marriage. Caught in the middle of this battle is the couple who are only seeking to take advantage of a right granted to a vast majority of the country’s population: a divorce. 

Like some divorce cases, this same-sex marriage divorce affects more than just the married couple. The two women have a daughter who is barely a year old, and they are also battling over custody of the little girl. One of the women gave birth to the girl through artificial insemination, and she seeks sole custody on the claim that her partner is neither a biological nor adoptive parent.

There are many legal precedents at stake in this case. The State District judge seems intent on letting the case proceed, but the state does not want to go quietly. Not all divorce cases are this complex, but no divorce case is by any means simple. If you or a loved one is going through a divorce, it is highly advisable that you find strong legal counsel to help guide you through divorce proceedings.

Source: Star-Telegram, “Texas’ push to halt same-sex divorce case rejected,” May 15, 2014

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