Two San Antonio women who were married out of state are currently fighting
for a divorce in the state of Texas. At present, the appeals court has
halted the ruling. The 4
th Court of Appeals ruling came two days after the District Judge Barbara
Hanson Nellermoe of San Antonio allowed the divorce case to continue.
She declared that the Texas ban on gay marriage is unconstitutional and
was therefore invalid.
After that statement, the Attorney General promptly responded by asking
the appeals court to grant an emergency stay. The individual said that
speedy action was needed because there would be legal chaos if the court's
broadly worded ruling was interpreted as an authorization of recognition
of same-sex marriages in the state of Texas.
The San Antonio appeals court said that they would stay the ruling and
consider the attorney general's request to vacate the decision as
a violation of the district judge's authority. The appeals court has
also set a May 5 deadline to receive briefs in the case.
The couple concerned in these proceedings is a lesbian couple that were
married in Washington D.C. back in 2010. The women had a child via artificial
insemination in February 2013. Now, the couple wants to split in Texas.
One of the partners, the biological mother of the child, says that she
wants to dismiss the divorce and custody petitions.
'The judge said that the ban on same-sex marriage violates many of
the U.S. Constitutions due process and equal protection guarantees, and
therefore encouraged that the case continue. This debate in Texas courts
may have a significant effect on the future of same-sex marriage proceedings
in Texas. If you are dealing with a same-sex marriage issue, hire a dedicated
Plano family lawyer to assist you. The Zendeh Del Law Firm, PLLC is here to assist you with all
of your needs.