Court Says Texas AG Can’t Block Gay Divorce

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 This material may not be published, broadcast, rewritten, or redistributed.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.)

  • Voteoutthisjudge

    Lets vote this creep Judge out of office who doesn’t follow Texas Law.



  • jaja

    Amen. When is the next election for this judge creep?

  • Tom

    While it is sad that this couple divorced, it is really sad that they chose Texas as the place to do so – under Texas law, not only were they still married, they were never married at all. The gay agenda only serves to confuse our society more and more. Nobody really cares what you call it – same sex relationships or opposite sex relationships – as long as the law is followed. Here, Abbott was right, the couple and the judge wrong, and we all suffer for it.

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  • lsmft

    How would we make decisions in elections, legislative sessions, council meetings, etc? Should the minority rule and how would that accomplish equality?

  • Dallas Divorce

    A fascinating story — thank you for covering it.

    Gregg & Turton, PLLC
    A family law firm focused on divorce, child custody/support, mediation and collaborative law.

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