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 whether to grant the divorces.

Anyone in a same-sex relationship in Texas is well-aware that there is a state ban on same-sex marriage, but does that extend to divorce? Some people believe that if the court grants the divorce it will be recognizing the same-sex couples’ marriages, but others point out that by granting the divorce, the court is actually upholding the state’s policy of banning same-sex marriage.

Unfortunately for same-sex couples, the law and public policy surrounding same-sex relationships is not always clear, which is why many couples turn to understanding family law attorneys at either the start or end of a relationship. Whether it is to create some protections for a partner or to equitably deal with a separation, same-sex relationships have to rely on a variety of family laws.

As for the couples suing for divorce, one actually received a divorce. The Austin couple had been married in Massachusetts and granted a divorce by the state district court. Though the attorney general tried to fight the divorce, the 3rd Court of Appeals said it was too late. The women’s attorney has said that the attorney general is basically asking for the state to remarry the women.

The Dallas men who have asked for a divorce were originally denied.

Source: San Antonio Express, “Texas court is cautious on allowing gay divorce,” Peggy Fikac, Nov. 5, 2013