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RI: House Considering Gay Divorce Bill

Wednesday, May 5th, 2010

To some, it was about access to justice. To others, it was about a hidden agenda to legalize same-sex marriage. And for the dozen or so people who spoke Tuesday before the House Judiciary Committee, there was no common ground.

Drawing the attention was a bill sponsored by Rep. Timothy A. Williamson, D-West Warwick, that would allow couples to divorce in Rhode Island even if they were not eligible to marry here.

That ability, Williamson and some supporters of the bill said, is granted in other cases where a couple is not eligible to marry in Rhode Island – for example, cases involving a woman who marries before she is 16, or those involving a marriage that Rhode Island law would deem incestuous. But it is not granted in the case of same-sex marriages.

Full Story from Projo.com

Click here for gay marriage resources in Rhode Island.

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TX: Possible Ramifications of Same Sex Divorce Cases

Tuesday, April 27th, 2010

Texas is doing it again. We’re trying some serious contortions to make sure gays and lesbians can’t share in the same rights as heterosexuals, and this time the whole danged opera could blow up in our faces.

Last Wednesday, an appeals court in Dallas was to hear two cases which had already been decided in lower courts in this state. These cases were divorces, one involving two gay men and the other involving two lesbians. Both marriages had been performed in Massachusetts after that state legalized gay marriage in 2004, and both couples filed for divorce in Texas.

State Attorney General Greg Abbott filed the appeals on the grounds that same-sex unions are illegal in Texas. In a curious bit of irony it appears that Abbott has deemed it necessary to protect the mechanism of divorce as a way to guarantee the sanctity of marriage.

Full Story from Amarillo.com

Click here for gay marriage resources in Texas.

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TX: Attorneys Argue Gay Divorce Case in Court

Thursday, April 22nd, 2010

A man seeking to end his same-sex marriage in Dallas County is arguing an ironic point in a state that doesn’t recognize his nuptials: Grant the divorce and there will be one less gay marriage in Texas.

“My client is a married man and he needs a divorce,” said the man’s attorney, Jody Scheske, who argued that granting the divorce promotes the state’s policy against gay marriage. “But for the actions of the attorney general, there would already be one less same-sex marriage in Texas.”

That argument came Wednesday before a three-judge panel in the Fifth District Court of Appeals in Dallas that is hearing arguments after Texas Attorney General Greg Abbott appealed a state district judge’s ruling in October to grant the divorce. In her decision, Judge Tena Callahan also ruled that the state’s ban on gay marriage is unconstitutional.

Full Story from Dallas News

Click here for gay marriage resources in Texas.

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TX: AG’s Appeal of Gay Divorce to Be Heard in Dallas Today

Wednesday, April 21st, 2010

A precedent-setting case goes before a Dallas appeals court on Wednesday. It involves two men, married in Massachusetts, who want a divorce in Texas.

The state is likely to argue at the George Allen Courthouse later today that if Texas does not recognize a same-sex marriage, how can it allow for a same-sex divorce?

This case involves two Dallas men who married in Massachusetts in 2006. They are now pursuing an amicable divorce as residents of the state of Texas.

Full Story from KVUE

Click here for gay marriage resources in Texas.

To subscribe to this blog, use the rss feed on the right, or use the form at right to join our email list. You can also email us at info@purpleunions.com. Or find us on Facebook – just search for Gay Marriage Watch (you’ll see our b/w wedding pic overlooking the Ferry Building and Bay Bridge in SF). We’re also tweeting daily at http://www.twitter.com/gaymarriagewatc.

TX: AG Appeals Divorce of Lesbian Couple

Saturday, April 17th, 2010

Yesterday, Eve Conant reported on the difficulties same-sex couples face when they seek to end their partnerships. In some cases, partners who get married in one state find themselves unable to get divorced in another (most states have no residency requirements for marriage, but do for divorce). The inability to divorce creates a series of legal, financial, and childcare problems, while also preventing those in the failed partnership to move on with their lives.

Conant opened the story with two women who seemed to have beaten the odds. Angelique Naylor and Sabina Daly, who were married five years ago in Massachusetts, finalized their divorce in the state of Texas last month, making them the first gay couple to be legally divorced in that state. The only thing that could overturn the divorce was an appeal by the Attorney General Greg Abbott.

Today Naylor says she received her notice of appeal in the mail. The fate of Daly and Naylor’s marriage now lies in the hands of the appeals court, who will also hear the case of two Dallas men who were granted divorce but were unable to finalize the proceedings due to the attorney general’s appeal. Abbott wants the courts to “void” the marriage, a process often used in cases of incest, and one that would essentially nullify the marriage as invalid.

Full Story from Newsweek

Click here for gay marriage resources in Texas.

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PA: Another Lesbian Couple Denied Divorce

Friday, March 26th, 2010

Carole Ann Kern and Robin Lynn Taney, a lesbian couple who wed in Massachusetts in 2009, filed for divorce recently in Pennsylvania. Berks County Common Pleas Court Judge Scott E. Lash denied the divorce based on the fact that Pennsylvania does not recognize the marriage in the first place.

The couple would have filed back in Massachusetts where the same-sex marriage was granted, but there is a one year residency requirement for filing for divorce there. The couple’s only recourse at this point is to have the court declare their marriage void.

The judge’s opinion in this case as reported by Law.com says that Pennsylvania’s law “represents a reasonable protection and a proper and lawful exercise of the police power of the Commonwealth, which is available to preserve the public health, safety, welfare, and morals of its citizens.”

Full Story from the JD Journal

Click here for gay marriage resources in Pennsylvania.

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TX: Date Set for Gay Divorce Case Hearing

Friday, March 19th, 2010

Against the wishes of Texas Attorney General Greg Abbott’s office, a state appeals court in Dallas has scheduled oral arguments in a high-profile same-sex divorce case. An all-Republican, three-judge panel of the 5th District Court of Appeals is set to hear oral arguments April 21 in the AG’s appeal of a district court’s October ruling, “In the Matter of the Marriage of J.B. and H.B.”

J.B. and H.B., whose full names aren’t being used in the proceedings, were married in Massachusetts in 2006 before moving to Texas in 2008. In January 2009, J.B. filed for a divorce in Dallas’ 302nd Family District Court.

A day later, the AG’s office intervened in the case, arguing that Judge Tena Callahan couldn’t grant the divorce because Texas doesn’t recognize same-sex marriage.

Full Story from the Dallas Voice

Click here for gay marriage resources in Texas.

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