As reported by the ABA, the Attorney General of Texas intervened in a divorce case involving a same-sex couple. It appears the Attorney General’s position is that since Texas doesn’t recognize a same-sex marriage (from Massachusetts) it is not possible to legally end the marital relationship. Texas has a voter-approved state constitutional amendment not recognizing same-marriage and the Texas Family Code prohibits same-sex marriages or civil unions. If there is no valid legal marriage, then there would be nothing to adjudicate or determine. Stay tuned, this issue has already come up in Dallas and is headed for the Court of Appeals with probable review by the Texas Supreme Court.
