State Rep. Dan Branch is asking the Texas Supreme Court to block same-sex couples legally married in other states from obtaining divorces in the Lone State State. Meanwhile, attorneys for two same-sex couples seeking divorces in Texas are arguing that under the U.S. Supreme Court’s recent decision striking down part of the federal Defense of Marriage Act, Texas’ bans on same-sex marriage are also unconstitutional.
Branch, a Republican who’s running for attorney general in 2014, filed a friend-of-the-court brief Tuesday calling for the Texas Supreme Court to overturn the 3rd Circuit appeals court’s decision upholding a divorce granted to lesbian couple Angelique Naylor and Sabina Daly in Austin in 2010. Current AG Greg Abbott intervened to challenge the divorce after it was granted, but the appeals court ruled in 2011 that Abbott did not have standing. Abbott appealed the decision to the Texas Supreme Court.
In his brief, Branch notes that he was a co-author of Texas’ 2005 constitutional amendment banning same-sex marriage. He also says he authored unsuccessful legislation in 2009 seeking to guarantee that the AG’s office’s would be permitted to defend Texas’ bans on same-sex marriage in court.
“Opponents of traditional marriage know that Texans believe strongly in the traditional institution of marriage — so Respondents cannot achieve their goals at the ballot box. They also know that they are wrong as a matter of constitutional law — so Respondents also cannot achieve their goals in this Court,” Branch writes in the brief. “Accordingly, the only way that Respondents can try to impose their vision upon the people of Texas is to trample upon both the legislative process by which Texas laws are supposed to be written, and the adversarial judicial process by which constitutional disputes are supposed to be resolved. Put simply, this lawsuit demonstrates that opponents of traditional marriage want to exclude the people of Texas from the legislative process — and then they want to exclude the legal representative of the people of Texas, the Attorney General of Texas, from the judicial process.”