AAS 3/31/10Attorney general intervention denied; Travis County gay divorce stands
Judge says Dallas case would likely reach the Texas Supreme Court, which could establish whether same-sex couples married elsewhere may legally divorce in TexasA judge in Travis County declined Wednesday to consider Texas Attorney General Greg Abbott's request to intervene in the county's first same-sex divorce case, letting stand the judge's February decision to grant a divorce to two women who had been married in another state.
Abbott's deputies had argued in court filings that Angelique Naylor, 39, and Sabina Daly, 42, may not be legally granted a divorce because Texas law defines marriage as between a man and a woman. Naylor and Daly were married in 2004 in Massachusetts, where gay marriage is legal. They returned to their home in Austin after their marriage and adopted a son, who is now 4.
During a hearing at the Heman Sweatt Travis County Courthouse, state District Judge Scott Jenkins questioned Abbott's decision to pursue the case, noting that his office is involved in same-sex divorce litigation in Dallas that is already on appeal. That case, Jenkins said, is positioned to provide legal precedent on the legality of gay divorce. He suggested that a delayed disposition in the Travis County case could affect Naylor and Daly's son.
"In trying to put brakes on this proceeding," Jenkins asked Deputy Attorney General David Morales, "what consideration did the attorney general give" to the boy?
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