AUSTIN, Tx. -- Under pressure from the Texas state Attorney
General, a judge in Austin has reversed his decision to grant a legal divorce to
a gay couple who sought to dissolve a civil union performed in Vermont.
District Judge Tom Mulvaney has ordered a new court date for John Anthony and
Russell Smith of Beaumont and will hear the case again. "The attorney general of
the state of Texas has intervened and presented a legal argument opposing the
granting of a divorce, arguing that this court lacks subject matter
jurisdiction," Mulvaney's order read.
Smith, 26, and Anthony, 34 entered a civil union in Vermont in February 2002.
Smith filed for divorce less than a year later, citing " financial reasons."
Vermont legislators structured the law so that it was only legally binding on
state residents. This has not stopped out of state lesbian and gay couples from
travelling to Vermont and entering into civil union arrangements-- the closest
approximation to legal marriage for same-sex couples in the United States. Though Vermont state residents can have their civil unions dissolved in state
courts, out-of-state residents cannot since the state does not recognize the
legality of non-resident civil unions. This wrinkle in the law has spawned court
cases across the country in which gay and lesbian couples have sought to break
ties to one another that courts may one day recognize as binding. Texas does not recognize gay unions, but Smith's lawyer, Ronnie Cohee argued
that because the Vermont union was binding, the tie needed to be legally
severed. 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 Mulvaney agreed and signed the divorce papers.
But recognizing that in granting the separation, the state was also
recognizing the cross-state legality of Vermont civil unions, Texas Attorney
General Greg Abbott objected. "Because these two men were never married under
either Vermont or Texas law, they cannot legally petition for divorce under the
Texas Family Code," he said. "The court's final decree of divorce is void as a
matter of law."
(Austin Texas) A Texas judge has reversed his decision to grant a divorce to a gay couple under pressure from state Attorney General Greg Abbott.
District Judge Tom Mulvaney has ordered a new court date for John Anthony and Russell Smith of Beaumont and will hear the case again.
"The attorney general of the state of Texas has intervened and presented a legal argument opposing the granting of a divorce, arguing that this court lacks subject matter jurisdiction," Mulvaney's order read.
Smith, 26, and John Anthony, 34 were united in a civil union in Vermont in February 2002. Earlier this year Smith filed for the divorce saying it was for " financial reasons."
Texas does not recognize gay unions, but Smith's lawyer, Ronnie Cohee argued 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 Mulvaney agreed and signed the divorce papers.
But the attorney general disputed the ruling.
"Because these two men were never married under either Vermont or Texas law, they cannot legally petition for divorce under the Texas Family Code," Abbott said. "The court's final decree of divorce is void as a matter of law."
Last week, 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 Ltd® 2003