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Court Says Texas AG Can’t Block Gay Divorce

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A same-sex couple stands in line to receive their marriage license before getting married in San Francisco. (credit: Getty Images/Justin Sullivan)

A same-sex couple stands in line to receive their marriage license before getting married in San Francisco. (credit: Getty Images/Justin Sullivan)

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DALLAS (AP) – A Texas appeals court says the state’s attorney general can’t block the divorce of two women who were married out of state.

The 3rd Texas Court of Appeals in Austin ruled Friday that the state cannot appeal the divorce of Angelique Naylor and Sabina Daly.

The two were married in Massachusetts in 2004 and then returned home to Texas, where same-sex marriage is banned. In February, a judge granted the women a divorce. The next day, Texas Attorney General Greg Abbott filed a motion to intervene in the case, arguing that the court didn’t have jurisdiction to grant the divorce because the parties were of the same sex. However, the judge ruled that the attorney general’s intervention wasn’t timely. Abbott then appealed.

Friday afternoon Lauren Bean, the Attorney General Deputy Communications Director, issued a statement to CBS 11 News that said, “The Texas Constitution and statutes are clear: only the union of a man and a woman can be treated as a marriage in Texas.  The court’s decision undermines unambiguous Texas law.  The Office of the Attorney General will weigh all options to ensure that the will of Texas voters and their elected representatives is upheld.”

(©2010 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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