What a parent is has come into question in a Kentucky case that involves an estranged same-sex couple disputing over the adoption of a 9-year-old girl. However, couples in Texas may not realize that these types of cases are popping up all over the country.
With the recent legalization of same-sex marriage nationwide, it is widely anticipated that many such Texas couples will choose to get married. Like heterosexual marriages, some of the same-sex marriages are bound to end in divorce. In fact, the Williams Institute has found that legally recognized same-sex domestic partnerships are dissolved at rates similar to those for heterosexual divorce.
A Texas judge has denied a divorce petition from two women who married legally four years ago in New Hampshire. Texas lawmakers have banned gay marriage in the state, and the Tarrant County judge told the women that the court did not have jurisdiction required to consider a divorce petition from a couple in a same-sex marriage.
The drive for social acceptance of same-sex marriage is not letting up. The latest move came Friday with the announcement by the White House that President Obama has ordered the Labor Department to come up with rules to make sure that legally married gay couples get the benefits they are due under the Family and Medical Leave Act.
Two lawyers speaking at an event at the Lyndon B. Johnson Presidential Library and Museum discussed the potential fate of the gay marriage ban in Texas, which was recently struck down by a federal judge. The controversial ruling came as a surprise to many in Texas and is currently not being enforced as appeals continue.
A federal judge in Texas recently announced that the state’s ban on same-sex marriage is unconstitutional under federal law. The ruling does not create legalized gay marriage in the state, but rather invalidates the active ban on same-sex marriages that had been in place since voters approved an amendment to the state constitution in 2005.
Although same-sex couples are allowed to get married in other states, because of a ban on same-sex marriage, this hasn’t been the case for couples who have wanted to get married here in Texas. It’s also because of this ban that same-sex marriage is not recognized by the state. But even though the U.S. Supreme Court overturned DOMA and made same-sex marriage federally recognized, couples here in Texas are still having problems when it comes to validating their marriage status.
If you were asked about the first thought that came to mind when hearing the word “family,” what would you say? If you’re like many Americans then you probably answered: love, kids, mom and dad, and possibly even marriage. But with the family dynamic ever changing and society moving away from the a-typical idea of the nuclear family, you might realize that perhaps your first thoughts might not accurately describe the world around you.
It usually doesn't take the Texas Supreme Court to dissolve a marriage, but two sets of couples have asked the court to end their marriages. Why the special treatment? Since these are same-sex couples whose out-of-state marriages are not recognized by the state, the Supreme Court must decide whehter to grant the divorces.