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.
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.
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.