Today the Texas Supreme Court hears five cases for argument. Three cases have been consolidated because they each raise issues regarding same-sex divorce.
In the Matter of the Marriage of J.B. and H.B. (11-0024), State of Texas v. Angelique Naylor and Sabrina Daly (11-0114), and In re State of Texas (11-0222). The main question in these cases is whether a same-sex couple married legally in another state may be legally divorced by a Texas court, despite the statutory and constitutional prohibition against same-sex marriages in Texas. And a follow up question is if the prohibition of same sex marriage extends to divorce, is that a violation of the U.S. Constitution? In each of these three cases, divorces were granted by the lower court, which raises several procedural issues. The impact on society this decision will have is huge. Same-sex couples looking to divorce may finally get the answers they have been waiting for.