Texas Supreme Court Upholds A Same-Sex Divorce Filing, Six Years And One Deceased Partner Later
The Texas State Supreme Court has officially upheld one petition of a same-sex couple's divorce nearly a decade after it was filed; the other party's was dismissed after he passed away earlier this year.
One-time Dallas couple, Henry and Jeffrey Buck, filed for divorce six years ago, but were left in limbo as the Supreme Court pended their vote. To the state, recognizing this divorce would mean recognizing a gay marriage as a legitimate one.
Texas's official definition of marriage, in case you'd forgotten, is an institution between one man and one woman.
Tragically, the state's stubbornness prevented Henry Buck from ever seeing his rightful choice to divorce ever coming into play, as he died at the beginning of the year.
An attorney for Bucks theorized that the court's quick disposal of the case came to avoid any notion that they voted pro-gay to coincide with SCOTUS potentially voting in favor of federal marriage equality–the decision of which could happen any day now.
The state's current governor made sure to issue this quip below regarding his disdain for the state's approval of the divorce.
The Texas Supreme Court’s decision is disappointing and legally incorrect,” Abbott said in a statement. “The Court mistakenly relied on a technicality to allow this divorce to proceed. Importantly, the Supreme Court did not address the Texas Constitution’s definition of marriage—and marriage in Texas remains an institution between one man and one woman.
The Texas Constitution continues to stand as the governing law for marriage in the State of Texas. The State and all political subdivisions in Texas remain prohibited by the Texas Constitution from giving effect to a same-sex marriage or any document recognizing one—including the divorce decree in this case.
Texas, you never cease to amaze. Rest in peace, Henry Buck.
h/t: Towleroad
