All your ex’s live in Texas– except when you’re gay. A gay couple who married in Massachusetts, but live in Texas, are ready to pack their bags and head for Splittsville, but Texas General Greg Abbott (pictured) has vowed to fight any attempt the couple makes to divorce in Texas, which does not recognize their marriage. Instead, the couple may have to move to Massachusetts and establish residency there before they can get a divorce.
Pink News UK has a rundown of Abbott’s latest statements:
“In the State of Texas, marriage is – and has always been – a union between one man and one woman.
“To prevent other states from imposing their values on this state, Texas voters overwhelmingly approved a Constitutional amendment specifically defining marriage as a union of one man and one woman.
“Because the parties’ Massachusetts-issued arrangement is not a marriage under Texas law, they are asking a Texas court to recognise – and dissolve – something that does not legally exist.”
The lawyer acting for the man seeking a divorce told the Dallas Morning News that he will argue that the men have rights under Article IV, Section 1 of the U.S. Constitution. The so-called Full Faith and Credit Clause provides, in part, that states recognise contracts from other states.
However, in 1996 Congress passed the Defence of Marriage Act.
States are not required to “treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.”
DOMA also prevents the federal government from gay and lesbian relationships as marriage “for any purpose,” even if the marriage is recognised by one of the states.”