In two same-sex divorce cases before the Texas Supreme Court, the justices questioned whether Texas courts have jurisdiction to hear same-sex divorce cases in the first place, whether the state has a right to intervene in such cases, and the effect of declaring void a same-sex marriage versus granting a divorce. Here’s a closer look at the cases and the issues involved.
- Procedure, Not Constitution, Dominate Same-Sex Divorce Questions at High Court
During oral arguments in two same-sex divorce cases, justices of the Texas Supreme Court posed more procedural questions about same-sex divorce than constitutional queries about the state’s same-sex marriage ban. - Two Same-Sex Divorces, Only One Couple Splits
In Matter of the Marriage of J.B. and H.B., the Fifth Court of Appeals in Dallas ruled that the trial court did not have jurisdiction over the divorce and that the same-sex marriage ban did not violate equal protection in the U.S. Constitution. But in State of Texas v. Naylor, Angelique Naylor got her divorce. - Jurisdiction in Same-Sex Divorces
On appeal to the high court, the state argues in both cases that courts can’t exercise jurisdiction over same-sex divorces. - Constitutional Issues in Same-Sex Divorces
The same constitutional arguments arise in both cases. The state argues it has a legitimate interest in limiting marriage to opposite-sex couples. - SCOTEX Questions Lawyer Arguing for Same-Sex Divorces
James J. “Jodie” Scheske, who represents J.B. and Naylor in the two cases, says he thinks they should have an “equal right to get a divorce.” - SCOTEX Questions Lawyer for the State
Assistant attorney general Jimmy Blacklock told justices during argument that, because Texas law says there can be no same-sex marriages, there can be no same-sex divorces.
