Austin Appeals Court Upholds Gay Divorce
Over the objections of state Attorney General Greg Abbott, an Austin appellate court has upheld the divorce of a lesbian couple married in Massachusetts.
When a lower court granted their divorce in February of last year, Abbott's office filed a petition to intervene in the case. The 3rd Court of Appeals has now declined that request on procedural grounds, leaving the divorce intact. The court found that Abbott lacked standing to appeal because his office wasn't a party to the case.
This is the second appellate court decision in a same-sex divorce case. In August, a Dallas appeals ...
Comments (2)
Ramiro Canales
The opinion was an interesting read. The court reasoned that, unlike the case in Dallas, the Attorney General did not timely file a motion to intervene. Additionally, the appeals court was very careful to distinguish the facts in cases that addressed the doctrine of virtual representation.
carlo caraluzzo
No, what is interesting is that the Court just validated Gay marraige by recognizing the Ma. law. If my drivers license is not valid in my state then I get a ticket for driving without a licence if I get caught in Texas. When a court in Texas suspends my out of state license for DUI they are acknowledging the validity of my out of state license. You cannot suspend a license that your laws or Constitution considers invalid or unConstitutional. The court set a pretty interesting precedent here.