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Ruling says Texas cannot intervene in same-sex divorce

On Behalf of | May 30, 2014 | Child Custody

A child custody case in Texas has been quite a wild ride for the parents of a young girl since it has called into question the way that Texas views same-sex marriage. This was something that had been banned in the state, but a ruling earlier in the year said that banning same-sex marriage was unconstitutional. This has a bearing on the case because the women want to get divorced, and they then have to decide how they will work out the custody of their child.

Recently, the state of Texas attempted to put a stop to the case. Claims were made that the laws within Texas needed to be defended. However, the same judge who said that they were unconstitutional in the first place would not allow the state to stand in the way, and so the court case has to continue as is, at least for now.

The state does plan to launch an appeal.

The couple was not initially married in Texas, as that was not legal at the time. Instead, they got married in Washington and then moved to Texas later. Their daughter is 15 months old, and child custody hearings have already been scheduled.

Same-sex marriage has been the subject of hot debate all over the country, but Texas is one of the few states to expose the other side of the issue, which is same-sex divorce. Ultimately, this could lead to decisions that will impact how same-sex couples are treated in Texas and what rights they have to their own children, just like the cases in other states. It is important to watch how it proceeds as it takes on some of these ground-breaking issues and helps to set up local laws.

Source:  Dallas News, “State district judge blocks Texas from intervening in gay divorce case” No author given, May. 15, 2014

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