Community | January 26, 2009 | 78 comments

Texas blocks gay divorce

source: http://www.msnbc.msn.com/id/28814825/

Image
unimatrix0
A Dallas man has filed for divorce from his husband but the state of Texas is refusing to hear the case.

Attorney General Greg Abbott said that since Texas law prohibits same-sex marriages and civil unions, the men could not be divorced in Texas since their union is not recognized to exist in Texas.

The men, who have asked that their names remain private, were married in Cambridge, Mass., in 2006.

Peter Schulte, who represents the plaintiff, said he plans to argue that the U.S. Constitution dictates that states recognize contracts from other states.

According to Schulte, the couple could be legally divorced in Massachusetts but only after establishing residency. Schulte maintains that even though his client was married out of state, he shouldn't be treated any different than anyone else seeking a divorce.

While this case is a first for Texas, it is not the first nationwide. A gay couple seeing a divorce in Rhode Island were denied for the same reason as Schulte's client. Another gay couple seeking a divorce in Iowa were successful in their dissolution.
-------------------------------------------------------------------------------------------------

Should Texas grant the divorce?
  1. groups:
    Community,   News and Politics,   WTF,   Random,   6 more
  2. tags:
    News,  News and Politics,  WTF,  Random,  11 more
  3.     
    |

78 comments // Texas blocks gay divorce

  • Jacques_of_Spades
  • justright
  • jenathemuse
    • 0
      jenathemuse  

    • someone commented "most" people in the "bible belt",
      are 'Cool,Understanding. I had the misforune to spend a couple of years there......Bigots, Gossips, where in the bible belt did anyone welcome Oh a gay business, or gay Sunday School. Where is that.

    • 3 years ago
  • arcticspirit
    • 0
      arcticspirit  

    • Thoughts on states in the bible belt and Gay marriage/divorce...
      In the South, especially in the states in the Bible belt, this won't be popular.
      The people are conservative. They love mom, apple pie, and they believe in supporting the troops thru thick and thin, (They don't let the media run their lives so much.)

      So will they want to break up the traditional family? My gut says no.
      Will liberals everywhere condemn them and call them names? Yeah. Will they care? HELL NO.

    • 3 years ago
  • justright
  • jenathemuse
  • soleil10
    • soleil10  
    • This comment was removed by its owner.
  • FallenMorgan
    • 0
      FallenMorgan  
    • soleil10:

      It's their wedding photo. There were no other photos that would be at all appropriate. It's a picture of the couple, together.

      And how is it brainwashing and manipulation? Isn't that the same thing right-wingers do?

    • 3 years ago
  • soleil10
  • FallenMorgan
  • soleil10
  • FallenMorgan
    • 0
      FallenMorgan  
    • soleil10:

      They made a choice to not have their names revealed, just like women can make a choice to have an abortion and people can (or rather should) have a choice in who they can marry. This is America.

    • 3 years ago
  • judiestar
  • judiestar
  • msltj20
  • rightontime
  • FallenMorgan
  • TonyDukes
    • 0
      TonyDukes  

    • Respect states rights and the moral integrity of Texas and Texans, we also don't have gun control, frown on abortions without medical/mental reason and parent knowledge, still say yes Mam, tip our hat to ladies and love Jesus and have private schools so our students can pray and we execute bad guys, all things we are proud of and as a resullt our state is in 100 times better shape and Cal or Mass. We also don't condon entitlement without contribution to the over good of the state.

      If you don't like it, just go somewhere else, trust we will not be offended, all contare'.We don't condmem this but don't encourage it in our state, not hate, just the preferred values of the majority. Most of us have many gay friends and work associates that we love and respect, but it's like a lot of things that are offered somewhere else, feel free to live here or go ther to get it done there, proving things don't have to be univeral to be OK.

      Texas is in better shape than the other states for it's conservative cor beliefs and people that do now cow to political correctness. Most of us live our lives with a sense of trust and the love of Jesus and a loaded gun. Apparantly working better than those without, so repeat if you don't like it don't live here.

      "Don't tread on me" If you don't like it fine, we all accept your opinion, just take it to Cal or Boston.

      Once again if you don't put a face and intel on your profile and just rant and call names we don't hear you.

    • 3 years ago
  • unimatrix0
    • 0
      unimatrix0  
    • TonyDukes:

      Your homophobia is showing "but some of my best friends..." uh huh, sure.

      From your description Texas sounds like a backwards place, but then again you do not speak for Texas.

      States rights do not trump civil rights.

      "Conservative core beliefs" sounds like code for ignorant red neck. good luck with that.

    • 3 years ago
  • FallenMorgan
  • Liberal_Extinction
  • unimatrix0
  • Liberal_Extinction
  • petarro
  • soleil10
    • soleil10  
    • This comment was removed by its owner.
  • FallenMorgan
  • soleil10
  • FallenMorgan
    • 0
      FallenMorgan  
    • soleil10:

      And, not ever gay person has some secret agenda.

      Maybe they had family or friends in Texas, or they simply wanted to go somewhere different, or something. Using the same logic, someone who moves from Utah to California is clearly yearning to force a theocratic state.

    • 3 years ago
  • QuinlanT
  • Liberal_Extinction
    • 0
      Liberal_Extinction  
    • QuinlanT:

      Why should the courts buck the will of the people? Texas has already voted, gay marriage doesn't exist here, just because you disgree with it doesn't mean it's wrong. Don't move to Texas if you don't like, I feel pretty certain you wouldn't be wqelcome here anyway.

    • 3 years ago
  • DouginLA
    • 0
      DouginLA  
    • QuinlanT:

      You kill your own argument with your contract point. In MA this is a legal contract in TX it is not. Thus the TX court ruled correctly as to the laws of the state. Ethics and morals have absolutely nothing to do with this case. It is the word of law completely and unfortunately for these two it is against them.

    • 3 years ago
  • cantspascua
    • 0
      cantspascua  

    • As a resident of Texas I wonder how they plan to dissolve their insurance policies on each other since Texas does not recognize gay marriages but their life and medical coverage. Weird .

    • 3 years ago
  • TheEditorialist
    • 0
      TheEditorialist  

    • These two have no business getting divorced. No one else would have them.
      The legal profession is making out like a bandit from all of these 'no fault' divorces.
      Once you factor in the homosexual couples, the divorce rate will sky rocket.

      Tell your kids to become divorce attorneys. Gay marriage/divorce is a gold mine.

    • 3 years ago
  • SDLN
    • 0
      SDLN  

    • Marriage is a contract. Illegal contracts are not binding. If a contract isn't binding, how could it be voided? As a supporter of gay marriage, I completely disagree with the ethic at play in this case, but, legally speaking, it makes sense.

    • 3 years ago
  • MattBorst
  • jake9332
    • 0
      jake9332  

    • If Texas will recognize straight marriages and they can get divorced there, no matter what state they were married in. I think it should be ok to divorce these two guys. That makes no sense to me. I like how laws change for the worse when gays are involved. Like the Romeo and Juliet law, which applies to a minor and his/her adult boyfriend/girlfriend if they are aged within 5 years of eachother then they can say it's consentual or not, but not if you're gay. If you're an adult (18+) and are in a gay relationship with a minor who could even be only 17, you're viewed as a pervert, it's not consentual and you are not allowed a "Romeo and Juliet" leniancy. Because well, you're just a sexual perversion. Cause that seems completely normal. Pssh.

    • 3 years ago
  • MaRibElfalcon76
    • 0
      MaRibElfalcon76  

    • I'd like to apologize on behalf of this whole state for being consistently unprogressive to social change.
      We still fly confederate flags for cryin' out loud.

      Our state government likes to manipulate the law and lawmakers in their favor to their conservative ideals. At the same time underfunding children's programs, increasing taxes on the poor, and killing innocent people on death row, yet we claim to be just and proud Americans.

      I think this story is more an issue on the intolerance of homosexuality then the 'faith and credit clause' between states, but if that's the way to tackle this problem then so be it. Hopefully, it'll go all the way up to the Supreme Court so that history can see all attempts made in search for equality.

    • 3 years ago
  • soleil10
    • 0
      soleil10  
    • MaRibElfalcon76:

      They should go back to Mass where they belong. Why did they go to Texas to begin with.

      Is it a set up to hijack the Texas constitution like they did in Mass ?

      Why do they hide their name ?

      Thanks Texas

    • 3 years ago
  • TonyDukes
    • 0
      TonyDukes  
    • MaRibElfalcon76:

      Do not apologize for Texas, it is the proudest, my self supporting, successful state that has the clearest applicatiion of Consitutional and Christian values in the US Ms MaRibElfalcon76. You are the embarrassement.
      We also have a history of the greatest heroes, from Sam Houston, theTexas Rangers Law, to Audie Murphy, to Nolan Ryan to Van Cleburne to the pilot who just landed safely in the Hudson.

      These are the rules if ya don't like 'em, play somewhere else, it's still a free contry with lots of socialist to endear your ideas. Talk bout put up a fence, we should've done it 50 years ago to keep the snow liberals out.

    • 3 years ago
  • unimatrix0
    • 0
      unimatrix0  
    • MaRibElfalcon76:

      thank you for the apology

      Some parts of Texas are quite ignorant and backward. But the big cities are not as bad. Go to Austin if you must be in Texas, although you are better off not going at all.

    • 3 years ago
  • Alex_French
  • unimatrix0
  • edbr
    • 0
      edbr  
    • Alex_French:

      alex ... chill ... chill out!!! it's all good.

      i've lived here the majority of my life, except for 1 year in north carolina, then 3 years living in washington state (which was very nice), and texas is pretty chill, but, really, people are more gay-friendly in or near the cities like houston, dallas, austin, etc. don't forget, generally speaking, there are many other, much less gay-friendly attitudes down here too, particularly in some of the rural areas.

    • 3 years ago
  • smallgod
  • Nephwrack
  • cerealforeal
  • Alex_French
    • 0
      Alex_French  

    • fuck anyone who thinks they know anything about texas unless they live there, im tired of the bashing. texas is far more mature than the other southern states. all of them. i've lived all over this gay ass country and texas is the best state in the whole fucking shibang.

      best looking women in the world come from texas. fuck italy, fuck brazil.
      the only place that holds a candle is aussie land, which is exactly where im moving asap. in australia, all is well all the time. that's just the way they live their lives "no worries mate". no one gives two fucks if two men want to fuck eachother in their hairy buttholes as long as they do it somewhere i dont have to see em.

    • 3 years ago
  • TheColorYellow
  • soleil10
  • unimatrix0
  • hoboninja54
  • metalcookiesxy70
  • cztheday
    • 0
      cztheday  

    • This IS an interesting legal question.  If Texas does not recognize marriage between two men, doesn't that mean that they effectively stopped being married as soon as they established residency in Texas?  Or did it happen as soon as they crossed the Texas state line?  And since a state's limited sovereignty generally extends to the airspace above it, does this mean that a gay couple flying across the United States is married when they pass over states that recognize their marriage and not married when they pass over the ones that don't recognize it?But I have found over many years that the mundane details often trump the bigger legal issues.  How would you like something as emotional and sensitive as a dissolution of marriage that deals with things like splitting up your personal belongings as well as your 401(k) being handled by a judge that more than likely hates your guts before your lawyer even opens his mouth (and feels the same way about your spouse)?  Is that judge going to figure out what you both want out of the divorce and then give each of you the exact opposite (within the boundaries of his or her discretion so he or she does not get overturned on appeal) of what you each want just to spite you and "send a message" to the next gay couple that insists on a divorce in Texas?  They might be a lot better off going back to Massachusetts and picking a jurisdiction that is at least likely to be sympathetic to the rights of both parties. Just sayin'...

    • 3 years ago
  • jennyland
    • 0
      jennyland  

    • You would figure that the conservative religion whack jobs would love that the marriage was going to be ended. I guess that they figure if the grant the divorce than the create a defacto recognition of the marriage. This whole things is so stupid. Civil Marriage should have nothing to do with religion and Civil marriage should be a contract between 2 consenting individuals. Leave religion to religion and out of government .

    • 3 years ago
  • paprizio
  • Future_America
  • chowmein2012
  • katedarling
    • 0
      katedarling  
    • chowmein2012:

      "Same goes for women."

      So, I'm a dyke because I seek approval from my mother, whom you also assume has not played an important role in my life thus causing me to like other women?

      Wow. of course. Thank you for finally explaining my entire life for me, since you seem to know it so much better than myself.

      Also, the divorce rate for heterosexual married couples has already hit 50% and has continued to increase and, most likely, it will continue to. Even with that statistic, there are still thousands of unhappy hetero couples who will stay married for the rest of their lives, even if they're miserable or just not in love with their spouse anymore.

      Lastly, can you provide some sources for the supposed higher divorce rate amongst gay married couples? After searching online, the only research I found for a higher rate of divorce in married couples is in Sweden.

      I did, however, I find that the general divorce rate has declined in Mass. after they legalized gay marriage:

      http://www.exgaywatch.com/wp/2006/07/lowest-divorce/

      and, in the UK, the divorce rate for straight couples is around 50%, whereas the divorce rate within gay marriage is less than 1%:

      http://www.edgenewyork.com/index.php?ch=news&sc=glbt&sc2=news&sc3=&a...

    • 3 years ago
  • edbr
    • 0
      edbr  
    • chowmein2012:

      "Guys go gay because they are seeking approval from a father figure."

      where do you come up with this???!?? have you not read article after article posted here on current showing true scientific studies, a lot of them, which state that a person's tendency to be homosexual has been linked to specific genetic markers?

      your ideologic stance suggests your outright refusal to recognize overwhelming scientific findings to the contrary.

    • 3 years ago
  • expatincebu
  • smallgod
  • dariustwin
  • unimatrix0
  • edbr
    • 0
      edbr  
    • chowmein2012:

      chowmein,

      [sigh]
      about the 'gay gene,' numerous scientific studies prove that homosexual men share various genetic traits with one another, such as left-handedness, being the younger sibling, and their hair whorling couter-clockwise. also, several studies indicate clear facts showing common genetic markers in various homosexual men. do those not make you at least question what you believe? what makes you believe that homosexuality isn't natural? if it's a religious thing, then you've chosen to believe the bible, which provides no proof other than its (mis-)interpreted word.

      i am sorry to hear that you have struggled in your life. i would like to stress that you are not alone. many other people struggle in their daily lives too. i was never molested, and my parents have been nothing but wonderful parents my entire life. they provided me the things i need to be a productive adult in society: social skills, an appreciation for knowledge and education, compassion, humility, and most importantly, self control. and i am gay. and i'm happy about it. i do not live my life fighting against WHAT IS NATURAL FOR ME.

      so before you accuse me of being un-natural, immoral, self-hating, or having poor parenting or family problems, i suggest you examine yourself more closely first.

    • 3 years ago
  • freeus
    • 0
      freeus  

    • Ask yourself why any of us reading this???

      Are you enjoying your Rights granted by the US Constitution?

      Do you believe they only apply to you?

      Do you believe they shouldn't apply to select minorities?

      If so, please educate yourself by reading the US Constitution. Many people have fought to defend it.... both in the battlefields and in the courts.

      The US Constitution trumps bigotry, yet it always need citizens of the US to defend it. Never take it for granted. There is always someone who wants to take away your rights.

    • 3 years ago
  • edbr
    • 0
      edbr  

    • i have no faith that texas will even hear this case.

      unfortunately for the citizens of this state and country, those texas politicians and lawyers in high-level positions will see to it that citizens rights are unconstitutionally ignored and the case will never set foot inside a courtroom in the state of texas.

      that said, it is the duty of all high-profile lawyers who represent same-sex related cases to make public this blatant disregard for the state and US constitution, and pursue it to the highest level court in the land.

    • 3 years ago
  • callenstewart
    • 0
      callenstewart  

    • It's really interesting situation. If Texas grants the divorce, then really what they are doing is recognizing their marriage.

      So the next step towards equal rights could be divorce. Hmm...

    • 3 years ago
  • mkl2695
    • 0
      mkl2695  

    • Enough is enough, this is 2009. Can't we let people live and love without intruding our own values on them? All people should be allowed to marry and divorce if they are crazy enough to want to in the first place.

    • 3 years ago
  • randallr01
  • blinked
    • 0
      blinked  

    • Texas do not have any laws to support their marriage so therefore there will be no divorce.

      They are not be treated unfairly. They probaly are going to have like seperate what they have legally and call it a day.

    • 3 years ago
  • Godtears
    • Godtears  
    • This comment was removed by its owner.
  • randallr01
  • hydrokat
    • 0
      hydrokat  
    • Godtears:

      Why worry, what's gonna happen? You'll get protesters on Your doorstep? On no, they'll take away Your Birthday!!!! Lions and Tigers and Bears Oh My!!
      Hollywood is the only place in Town where they need to worry about this. They deserve it too. Look at Tom Hanks.

    • 3 years ago
  • edbr
    • 0
      edbr  
    • Godtears:

      there's a huge difference, in regards to privacy, when participating in the election process versus the judicial process.

      the reason donations to campaigns become public record is to prevent or document cases of vote-buying, or campaign fraud.

      without this protection in place, only the government would police the legality of political donations. while they probably do a semi-decent job, this transparency means that we citizens provide an important second layer of oversight. secondly, without this provision, the government could slant an election financially, which opens a giant can of worms.

    • 3 years ago
  • unimatrix0
    • 0
      unimatrix0  
    • Godtears:

      Prop 8 donors should be outed for the bigots they are - why are they so ashamed? why the secrecy? The Klan wears a sheet to hide their identity. What is the difference?

      Say no to bigots! Say no to homophobes! Do not shop at their stores; do not support their business.

    • 3 years ago
  • soleil10
    • 0
      soleil10  
    • Godtears:

      First, they are not bigots, they are not ashamed.

      Thye are homophobes when it comes to their children that need protection.

      You can repeat the same hate speech over and over like a tape recorder or a parrot. It does not make it true.

      You are just wasting your time

    • 3 years ago
  • hoboninja54
    • 0
      hoboninja54  
    • Godtears:

      Children that need protection from homosexuals. I think perhaps they are confused. That is called a pedophile. To assume that homosexuals want to have sex with your children is pretty much the most ridiculous and blind hatred ever spread. If it weren't so hurtful it would be laughable (probably the most ridiculous statement made by a religious group ever [besides their beliefs of course]).

    • 3 years ago
  • clayjj05
    • 0
      clayjj05 [removed]  

    • Its not bigotry that most texans dont want this kind of behavior disturbing their normal lives. If you want this kind of circus move to California or Mass.

      Texas doesnt need this shit.

    • 3 years ago
  • unimatrix0
  • randallr01
    • 0
      randallr01  
    • clayjj05:

      what an oppressive point of view!

      would a same-sex marriage or divorce in Pecos or Temple reallllyyyy affect your life? nope...

      sadly, people like to impose their beliefs on others in this world.

    • 3 years ago
  • edbr
    • 0
      edbr  
    • clayjj05:

      what if someone happens to think your way of life is a 'circus.'

      i think you've shown some raw wounds there, clay.

      for someone who stands so strongly against the marriage of homosexuals, i would think that you would be pleased to have one of those blasted marriages brought to its demise by your state.

    • 3 years ago
  • hydrokat
  • aquamammal
  • smallgod
  • DouginLA
    • 0
      DouginLA  
    • clayjj05:

      Though I personally have no problem with gay marriage, they deserve the same right to be miserable as everyone else, this was voted on and the majority choose to not allow it. That is how a constitutional republic works. It is a system where the majority makes the laws. It is far from a perfect system, but itis the best this world has developed so far.

    • 3 years ago
  • mekbd
  • dold
  • GatorMonkey
  • cerealforeal
  • smallgod
    • 0
      smallgod  
    • cerealforeal:

      Steven44, I have yet to see you post a comment in which you were not a bigot. Congratulations! Another snide, snippy, poorly thought out comment from the Steven44 peanut gallery!

    • 3 years ago
  • oceanbreathesalty
  • cerealforeal
  • edbr
  • Talisman
  • RCS
  • pjacobs51
  • matt512
    • 0
      matt512  

    • Go to a less facist state, then file for divorce. Solution?

      ** OK Maybe a bit harsh on the state at large. But treating gay people differently to straight people for any reason, I consider weird and unfortunate.

    • 3 years ago
  • petarro
  • msltj20
  • VitaminStolz
    • 0
      VitaminStolz  

    • He's just better off moving back to Mass., drugging his spouse and throwing him in the Bronco. He might win and be a pioneer, but I'm sure that Legislature doesn't want anything to do with "Their Kind." I feel bad for the fellow trying to end an unsuccessful marriage, but Texas isn't mature enough, ready to accept "All Men created equal."

    • 3 years ago
12
1 - 100 of 102
more from Community:
from the community

top videos