Texas Appeals Court Halts Ruling in Gay Divorce Case

Texas Appeals Court Halts Ruling in Gay Divorce Case

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.