Gay Marriage/Divorce

Florida Ban on Gay Adoption is Unconstitutional

Finally, Florida got it right.  After a number of years of fighting a system that says that gay people in Florida are unfit to be parents, the Appeals court in Miami has unanimously ruled that Florida’s law that bans gay adoption is unconstitutional. Last Wednesday’s decision means that Frank Martin Gill will be allowed to remain the parent of his two sons.  Gill and his longtime partner adopted these children from the state’s foster-care system in 2008.  Gill had been foster-parenting the boys since 2004.  If the statute were upheld, Gill would be forced to put his boys back into […]

Texas says that Gay couples can’t divorce… Huh?

A Texas Court of Appeals has ruled that District Court Judge Tena Callahan had no jurisdiction to divorce  a gay couple that was legally married in Massachusetts in 2006. I will put aside the legal argument that this is a clear violation of the equal protection clause for a second, and just reflect on the fact that what the court has done is effectively forced to gay couple to stay married, hasn’t it? I could carry on with my personal opinion on this for days and days, but I doubt I would change anyone’s mind, as most folks are clearly […]

Texas Attorney General says Gay Couple can’t Divorce

A couple that was married in Massachusetts has attempted to get a divorce in Dallas.  The judge granted the divorce, a decision which Texas Attorney General Greg Abbott has promptly appealed.  Abbot claims that since Texas doesn’t recognize gay marriage, then it can’t recognize gay divorce either.  The Court of Appeals has decided to hear the case. In my humble legal opinion, this is a constitutional issue.  As a matter of purely constitutional law, states must recognize valid marriages and divorces from other states.  Consider the chaos that would ensue if they did not?  Unfortunately for gay couples, gay marriages […]