Angelique Naylor, 39, and Sabina Daly, 41, married in 2004 in Massachusetts. (Legally married in one State and seeks a divorce in another State, that does not recognize Same- Sex Marriage).
"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.
Texas Attorney General Greg 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."
Texas is one of numerous States that have passed Constitutional Amendments banning gay marriage; defines marriage as between one man and one woman; also defined in the Texas Family Code.
State District Judge Scott Jenkins (Democrat), granted the divorce orally and ordered the parties to put their agreement in writing and return to court next month for his signature.
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.
Abbott's petition said that through legal voidance, "the parties can achieve a legal termination of their Massachusetts marriage, through an enforceable judgment."
Abbott's office has sought to intervene in a Texas Same-Sex Divorce case, before State District Judge Tena Callahan in Dallas County ruled in October that Two Men could divorce in Texas.
Callahan ruled in that case that the prohibition of Same-Sex Marriage violates the right to equal protection under the U.S. Constitution.
Greg Abbott (Republican) has appealed the ruling. It is pending in the state's 5th Court of Appeals.
The full faith and credit clause of the U.S. Constitution, is the subject in the Naylor-Daly divorce.
That clause "requires that a valid judgment from one state be enforced in other states regardless of the laws or public policy of the other states."
Abbott's filing discounts that the full faith and credit clause would require Texas courts to recognize Same-Sex Marriages granted in other jurisdictions.
This is one for the funny books.
We will have to wait for the Appeals Court Ruling on the Two Gay Men seeking a divorce from the Dallas County October Case.
And then see what will unfold in the Two Women seeking a divorce from the Travis County December Case.
This is the reason why Same Sex marriage can not be taken seriously. The Liberal Agenda is out to tear down the National Back Bone of American Society- Marriage, marriage between One Man and One Woman.
And do an end run around State Legislature, and tear down States Rights.Read more- American Statesman