Another Texas judge ruled that Texas, marriage amendment is unconstitutional.
While the Texas Supreme Court continues to delay ruling on two same-sex divorces, Judge Barbara Nellermoe in San Antonio ruled today that the marriage law is unconstitutional, and she can proceed hearing a couple’s divorce and custody case.
In one of the divorce cases before the Texas Supreme Court, Dallas Judge Teena Callahan ruled the Defense of Marriage Act was unconstitutional and proceeded to grant the divorce. Earlier this year, U.S. District Judge Orlando Garcia cited the U.S. Supreme Court’s decision last year declaring DOMA unconstitutional and ruled the Texas marriage law also unconstitutional.
Today’s ruling in the San Antonio case involves a lesbian couple who married in Washington, D.C. in 2010.
Kristi Lesh became pregnant and gave birth last year, and the couple split up later in the year.
Lesh argues that since she’s the biological mother, she should retain full custody, since Texas doesn’t recognize same-sex marriage. Allison Flood Lesh says a straight couple would generally be granted joint custody or visitation, and she should be awarded the same privilege.
So Kristi believes she had the right to take advantage of marriage when it suited her, but for the purposes of divorce, she’s acting like Greg Abbott, pleading the marriage doesn’t exist.
The judge agreed with Allison and called for a hearing.
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