USA, Texas: State Judge Rules Marriage Equality Ban Unconstitutional in Divorce Case

Written by scott on April 24th, 2014

Texas mapAnother ruling out of Texas, this one regarding the divorce of two women married in DC.

Joe.My.God reports:

In late February, a federal judge ruled that Texas’ ban on same-sex marriage is unconstitutional and stayed his ruling pending appeal. A state judge has now ruled likewise, paving the way for a San Antonio couple to proceed with their divorce and child custody case. The latest ruling comes in response to a same-sex divorce lawsuit that was filed in Bexar County in February by Allison Leona Flood Lesh and Kristi Lyn Lesh, who were married in Washington, D.C., in August 2010. Kristi Lesh became pregnant through artificial insemination during the marriage and gave birth Feb. 19, 2013. Her attorney argued that because Allison Flood Lesh isn’t the biological or adoptive parent, Kristi Lesh should retain sole custody. Allison Flood Lesh is seeking to split custody of the child. Because Texas doesn’t recognize same-sex marriages, there’s also no legal avenue available to pursue a divorce.

I’ve always thought it was strange that folks who don’t want gays to marry in the first place fight so hard to keep them from getting divorced once they do. I get the legal principle, but still…

Find more articles and gay wedding resources in Texas.

 

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