Thursday, February 18, 2010

Gay Marriage in....TEXAS?!

I just got off of the phone with a great friend of mine who lives in Houston. She informed me about a really interesting case going on right now in Texas involving gay divorce. Angelique Naylor and her former partner got married outside of Texas, moved to Texas for the booming economy, and decided they wanted a divorce. They filed for divorce in Travis County, because, as Ms. Naylor put it:
I believed I would still be married to her outside of the state of Texas. It would interfere with anything either of us wanted to do to get on with our lives as divorced people.
Now, would they be technically married in the 5 states that currently recognize same sex marriage? Maybe... Probably... But maybe not. I can understand wanting to file for divorce if you're married. That's what happens if you no longer wish to be legally bound to someone. The Travis County judge did grant the divorce. And, according to Ms. Naylor's attorney, '...the family's finally at peace..." 

One day after the Travis County judge granted the divorce, however, the State's Attorney General Greg Abbott intervened, saying:
The Court has no legal authority to grant this divorce, and as a result, the State must intervene in this case to defend the Texas Constitution.
The Texas Constitution is one of the select group that has legalized discrimination by permanently excluding gay marriage. Here's the reason why Abbott doesn't want to recognize this divorce: if you recognize the divorce, you're recognizing the marriage existed at some point. And, if Texas begins recognizing gay marriage on any level, the loophole is then open to allow gay marriage in the future.

But, to reiterate the words of Naylor:
I'm not sure why the attorney general is choosing to intervene when the matter's settled and the family's finally at peace for the first time in a long time.
These two people wanted a divorce and got it. They're happier, healthier people that respected each other to know when it was over and to get out before it turned toxic. But, now, they may be marital martyrs on Texas' bigoted, backwoods constitution.

What do you think? Does this open the door for loopholed gay marriage? Should Texas force these two to remain married? How weird is it that there are lesbians that actually don't want to live together? Email IncitingARiotPodcast@gmail.com, Twitter @IncitingARiot, or comment below.

Love and Lyte,

Fire Lyte

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