In what is soon to become a flood of controversy since the debates and discussions raged about the recognition of gay marriage – comes the downside – debates and discussions about gay divorce.
It will be interesting to watch how divorce and also custody issues shall be handled for same-sex marriages. One thing is for certain, the biggest losers will be the children. Fighting over assets, cash, and children turns a blind eye towards race, religion, gender, creed, and yes – sexual orientation.
In this particular case, questions surround the decision of District Judge Tena Callahan, who declared the state marriage amendment and the state’s Defense of Marriage Act unconstitutional. Her ruling is predicated on the belief that the ban on gay marriage violates the federal constitutional right to equal protection under the Fourteenth Amendment to the U.S. Constitution.
So, there will be issues surrounding the issuance of a divorce in a state which doesn’t recognize the marriage in the first place. You see, the parties involved, referred to as “J.B. and H.B.”, were married in Massachusetts, a state which does recognize same-sex marriages. They want their divorce proceeding handled in Texas, where they currently reside, so that they don’t have to return to Massachusetts to have the matter adjudicated.
From the article:
Gay marriage supporters hailed the ruling which essentially recognized same-sex marriage but traditional marriage proponents immediately came out to defend what Texas voters approved in 2005 – that marriage in this state consists only of the union of one man and one woman.
We are certain that this will not be the last we’ve heard on this particular case, nor the great many that will follow in the years to come.
For the full article, click here: Texas Gay Couple’s Divorce Lawsuit Draws National Spotlight