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US Supreme Court to Consider Gay Marriage (and Divorce!)

The Supreme Court on December 7th agreed to consider -- but not necessarily to decide -- cases that present same-sex marriages squarely to the Court. This follows almost two decades of referendums, statutes, and appellate cases throughout the country on the issues. Texas prohibits same sex marriage in the Texas Constitution, and cases are in the appellate courts on issues such as whether Texas will allow a gay couple legally married in another state to divorce in Texas. 


Technically, the Court accepted for review the core questions of the power of states and of Congress to pass laws that either forbid, or discourage, same-sex marriage. One case taken by the Supreme Court is California’s famous "Proposition 8," a ballot measure approved by the state’s voters in 2008 to take away a marital right that the state Supreme Court had given to same-sex couples. The other case taken is United States v. Windsor, et al on the constitutionality of a part of the 1996 federal Defense of Marriage Act (DOMA), providing that the word "marriage" in any federal law or regulation — including hundreds that provide benefits — means only a union of a man and a woman.


One Dallas divorce case involving a gay couple is on appeal, as is one from Travis County.  Obviously the US Supreme Court's ruling would have a tremedous impact on those divorce cases.



Filed under US Supreme CourtTags divorce in the news