Texas Supreme Court Hears Oral Argument on Same-Sex Divorce

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.

Allison Arterberry

About Allison Arterberry

Allison Arterberry is a third year student at the University of Houston Law Center. She graduated from Texas A&M University in 2011 with a B.A. in Political Science and Spanish. She has spent parts of her last two summers interning at the Equal Employment Opportunity Commission. Currently, she is a Senior Articles Editor for the Houston Journal of International Law, the Secretary for the Labor & Employment Law Society as well as a member of the Career Development Student Advisory Board and the Association of Women in Law. Additionally, last year she was the Secretary for Aggie Law Society. Allison is most interested in child victim’s rights in the criminal system.

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