(Austin, Texas) The state of Texas is asking a judge to set aside a divorce granted a Beaumont gay couple who had been united in a civil ceremony in Vermont.

States rarely become involved in divorce proceedings, but Texas Attorney General Greg Abbott says this is "an important Constitutional issue."

Abbott has asked state District Judge Tom Mulvaney to vacate his ruling granting John Anthony and Russell Smith a divorce because Texas does not recognize same-sex marriages.

"As a matter of law, a court cannot grant a divorce where no marriage existed," Abbott said.

Smith, 26, and John Anthony, 34 were united in a civil union in Vermont in February 2002.

Smith filed for the divorce saying it was for " financial reasons." Under the Vermont law which created the first and only civil unions law in US people who wish to terminate their unions are required to reside in the state.

Smith said it was impossible for him to move to Vermont to officially end the relationship.

The couple did not file joint income tax returns, but they did have joint auto and life insurance. The two also ran several businesses together and the division of their assets and properties was done by agreement.

Smith's lawyer, Ronnie Cohee argued before Judge Mulvaney that because the Vermont union was legally binding, it needed to be legally dissolved. She said her legal justification relied on the U.S. Constitution's full faith and credit clause, which requires states to recognize marriages from other states.

Cohee also said that even though Texas law refers to a " husband and wife" when talking about marriage, state law refers to ''parties'' when addressing dissolution.

"Texas law does not provide for civil unions, nor does it recognize civil unions established in other jurisdictions," the attorney general wrote in his petition to the court. "Likewise, Texas law does not provide for the dissolution of civil unions established in other jurisdictions."

Wednesday The US Supreme Court heard arguments in another case involving the state of Texas. That one involves the 'Homosexual Conduct Law' which prohibits gay sex.

365Gay.Com

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Gay Divorce Texas Style
by 365Gay.com Newscenter Staff
March 6, 2003

(Beaumont, Texas) A Texas judge has signed divorce papers for two men married in a civil ceremony in Vermont. It is believed to be the first time that a gay couple has been successful in having their civil union terminated outside of Vermont, the only state in the US which allows the unions.

The Vermont Legislature approved civil unions in 2000, giving domestic partnerships many of the benefits of marriage. Under the law at least one member of a gay couple wishing to end their union must reside in the state for a period of one year.

Beaumont, Texas residents Russell Smith, 26, and John Anthony, 34 were united in a civil union ceremony in Vermont in February 2002.

Smith filed for the divorce saying it was for " financial reasons." He said it was impossible for him to move to Vermont to officially end the relationship. The couple did not file joint income tax returns, but they did have joint auto and life insurance. The two also ran several businesses together and the division of their assets and properties was done by agreement.

Texas law does not recognize gay and lesbian couples, but Smith's lawyer, Ronnie Cohee, said that because the Vermont union was legally binding, it needed to be legally dissolved. She said her legal justification relied on the U.S. Constitution's full faith and credit clause, which requires states to recognize marriages from other states.

Cohee also said that even though Texas law refers to a husband and wife when talking about marriage, state law refers to ''parties'' when addressing dissolution.

Judge Tom Mulvaney agreed and signed the divorce papers.

Similar attempts to dissolve Vermont civil unions in Connecticut and New York have failed with judges ruling that since those states do not recognize the unions it is beyond their powers to terminate them.