Texas Attorney General intervenes in county court case on same-sex divorce

Texas Attorney General Greg Abbott has intervened in a first-of-its-kind Travis County same-sex divorce case, arguing that the women involved, who were married in another state, may not be legally granted a divorce because Texas law defines marriage as between a man and a woman.

Angelique Naylor, 39, and Sabina Daly, 41, married in 2004 in Massachusetts, where gay marriage is legal. They returned to their home in Austin and together adopted a son, who is now 4. They have been separated for more than a year.

Last week, at the close of a two-day hearing before state District Judge Scott Jenkins on how they should divide their property and share custody of their son, the two reached an agreement that in part called for them to divorce.

According to Naylor’s lawyer, Jennifer Cochran, Jenkins granted the divorce orally and ordered the parties to put their agreement in writing and return to court next month for his signature.

“This is the first time in over a year that our family has been at peace,” said Naylor, who still lives in Austin. Daly has moved to San Antonio with their son.

“We never asked them to grant us a same-sex marriage. We only asked them to legally recognize that we needed a divorce,” Naylor said.

Daly’s lawyer, Bob Luther, could not be reached for comment.

Abbott spokesman Jerry Strickland said in a statement, “The State maintains that the Court has no legal authority to grant this divorce, and as a result, the State must intervene in this case to defend the Texas Constitution.”

Abbott’s petition in intervention was filed Thursday after the agreement was reached in court. In it, Abbott notes that after Naylor filed for divorce in December, Daly argued that divorce was the wrong legal remedy for the couple and that the court should instead declare the marriage void. [READ MORE]