Austin case could put gay divorce on a collision course with the Texas Supreme Court

Posted on 16 Feb 2010 at 10:43am

As you may have heard, Texas Attorney General Greg Abbott has again intervened in a same-sex divorce case, this time in Austin. Angelique Naylor, 39, and Sabina Daly, 41, were married in Massachusetts in 2004. The couple adopted a child together but have been been separated for more than a year. After they reached an agreement about dividing property and sharing custody of their 4-year-old boy, a Travis County judge granted the couple a divorce last week. Now, though, Abbott is challenging the arrangement, arguing that because Texas doesn’t recognize same-sex marriages, it cannot dissolve one. If all this sounds familiar, it’s because a similar scenario played out last year in Dallas, when Judge Tena Callahan granted a divorce to a same-sex couple. Callahan’s ruling has been appealed by Abbott and is now before the 5th District Court of Appeals. Austin is in the 3rd District Court of Appeals, and it seems that if the two appellate courts reach different conclusions, it would greatly increase the chances of the Texas Supreme Court taking up the question. Which could be a good thing or a bad thing.

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