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PostPosted: 20 Apr 2010, 09:42 
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http://news.yahoo.com/s/ap/20100420/ap_ ... orce_texas

By JAMIE STENGLE, Associated Press Writer

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DALLAS – After the joy of a wedding and the adoption of a baby came arguments that couldn't be resolved, leading Angelique Naylor to file for divorce. That left her fighting both the woman she married in Massachusetts and the state of Texas, which says a union granted in a state where same-sex marriage is legal can't be dissolved with a divorce in a state where it's not.

A judge in Austin granted the divorce, but Texas Attorney General Greg Abbott is appealing the decision. He also is appealing a divorce granted to a gay couple in Dallas, saying protecting the "traditional definition of marriage" means doing the same for divorce.

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Gay and lesbian couples who turn to the courts when they break up are getting mixed results across the nation. A Pennsylvania judge last month refused to divorce two women who married in Massachusetts, while New York grants such divorces even though the state doesn't allow same-sex marriage.

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Abbott, a Republican seeking re-election, declined to be interviewed for this story. He has argued in court filings that because the state doesn't recognize gay marriage there can be no divorce, but a gay or lesbian Texas couple may have a marriage voided. Attorneys representing such couples argue that voiding a marriage here could leave it intact in other states, creating problems for property divisions and other issues.

"OK, you're recommending voidance, but how does that work?" asked Jennifer Cochran, Naylor's attorney. "Is it only void in Texas and can you void a marriage that's valid in another state? The attorney general I feel didn't answer those questions."


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PostPosted: 20 Apr 2010, 09:45 
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From the outside, this is an interesting legal dilemma. For those in this situation, though, it really sucks. This is one of the consequences when you have patchwork acceptance of gay marriage. At some point this has to come down to the universal recognition that gays must have equal rights.


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