Sep 1, 2010
Same-Sex Couple Cannot Get Divorced in Texas, Appeals Court Rules
A Texas appeals court has sided with the state office of the attorney general, ruling that a same-sex couple cannot get divorced in Texas. The panel said the trial court erred in holding that Texas law violates the Equal Protection Clause, and found that state law “recognizes that only opposite-sex couples are naturally capable of producing children,” and gives them the option of legal formalization “with the legitimate legislative goal of encouraging such formalization and thereby promoting the well being of children.”