Tuesday, April 20, 2010

Texas says gays can't get divorce

"After the joy of a wedding and the adoption of a baby came arguments that couldn't be resolved, leading Angelique Naylor to file for divorce. That left her fighting both the woman she married in Massachusetts and the state of Texas, which says a union granted in a state where same-sex marriage is legal can't be dissolved with a divorce in a state where it's not."

Associated Press reports:
A judge in Austin granted the divorce, but Texas Attorney General Greg Abbott is appealing the decision.

The drawn-out process has been frustrating for Angelique Naylor, who says she didn't file for divorce as an equal rights statement — she just wants to get on with her life.

"We didn't ask for a marriage; we simply asked for the courtesy of divorce," said Naylor, 39, of Austin, who married Sabina Daly in Massachusetts in 2004.

"The bottom line is that same-sex couples have families and their families have the same needs and problems, but often don't have the same rights," said Jennifer Pizer, a lawyer for Lambda Legal, a national legal organization that promotes equal rights for gay, lesbian, bisexual and transgender people.

Texas Attorney General Greg Abbott is also appealing a divorce granted to a gay couple in Dallas, saying protecting the "traditional definition of marriage" means doing the same for divorce.

He has argued in court filings that because the state doesn't recognize gay marriage there can be no divorce, but a gay or lesbian Texas couple may have a marriage voided.

The Dallas men, who declined to be interviewed for this story and are known only as J.B. and H.B. in court filings. READ MORE