Court: Texas Can't Stop Gay Divorce That's Granted

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January 10, 2011

1/10/2011

"The Texas attorney general can't block a divorce granted to two women who were legally married elsewhere, an appeals court ruled Friday.

"...Unlike the Dallas case, the Austin case did not examine whether the judge had jurisdiction to grant the divorce. Ken Upton, a staff attorney for Lambda Legal, a national legal organization that promotes equal rights for gay, lesbian, bisexual and transgender people, noted the Austin appeals court decision was in fact quite narrow.

"[Upton] said the predicament of gay couples seeking divorce in Texas highlights what happens when states adopt 'such different views about marriage and relationships.'

"'The more we have this patchwork of marriage laws, the more difficult it is for people who don't have access to the same orderly dissolution,' he said."

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