Tag Archives: gay divorce

Radnofsky slams Abbott over gay divorce

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Barbara Ann Radnofsky
Barbara Ann Radnofsky

In my story for today’s Voice about the gay divorce case out of Austin, I mentioned that Democratic AG candidate Barbara Ann Radnofsky has said she believes our constitutional amendment banning same-sex marriage could actually invalidate ALL marriages in Texas, due to the way it’s worded. Radnofsky blames incumbent Republican Greg Abbott for not catching the error.

Now, Radnofsky has penned a piece for The HuffPo in which she explains why she believes Abbott’s arguments against same-sex DIVORCE are based on a misinterpretation of state law. Radnofsky holds that while the constitutional amendment applies to marriage, divorce is governed by the Family Code. Here’s a snippet:

The Texas AG is mis-using his office for a partisan, political wedge-issue gain. And, he is mis-stating the law of Texas.

1. Divorce is not the same issue as gay marriage, which is governed by Texas statute, regardless of the Constitutional issues concerning non-recognition of gay marriage. Gay people can be married in certain states. Texas divorce law is controlled by the Texas Family Code Section 1.103.

“The law of this state applies to persons married elsewhere who are domiciled in this state.” Texas Family Code Section 1.103. So, the law of Texas clearly applies Texas law to “persons married elsewhere.” Gay people are persons. Texas law would apply to any Texas domiciliaries seeking a divorce. The language is clear. This Texas law doesn’t apply to “marriages;” rather it applies to “persons.”

—  John Wright

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

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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.

—  John Wright

'The Daily Show' on Dallas' gay divorce case

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No Gay Out
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“Do same-sex couples really just want the right to marry that’s afforded to all heterosexual couples, or do they have a more sinister agenda in mind?” Jon Stewart asks at the start of last night’s segment on Texas’ first same-sex divorce case. The segment ends with a straight married couple making out with another woman, and correspondent Jason Jones trying to get in on it. “This is marriage to me,” Jones says. “This is the sanctity of marriage to me. We can’t let gays have all this. No way. They haven’t earned it.” There’s plenty of good stuff in between, including interviews with Dallas attorney Peter Schulte and his client, “J.B.,” as well as East Texas pastor Rick Scarborough, who’s asked whether he’s concerned that “gays are trying to shove their long, thick agenda down your throat repeatedly.” Ultimately Jones concludes that if gays are allowed to divorce, nothing will stop them from the grand abuses of marriage that heterosexuals enjoy, such as furtive gay airport sex. He also says God intended man and woman to be stuck in a loveless union, not gays. Check it out.

—  John Wright