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 in Massachusetts, Iowa, Connecticut, New Hampshire, Vermont and the District of Columbia (all places where gay marriage is legal) are not recognized in other states where gay marriage is not legal. Thus, the issues presented in the Dallas case above.
Gay rights is a huge movement and is gaining momentum. Like it or not, in my opinion, it is only a matter of time until gay marriage AND divorce is legal.