Texas Supreme Court tackles same-sex divorce

JIM VERTUNO, Associated Press

AUSTIN, Texas (AP) — The issues of same-sex marriage and divorce are set to go before the Texas Supreme Court.

The court is scheduled to hear arguments Tuesday whether Texas can grant divorces to same-sex couples who married in other states.

Both cases involve same-sex couples who married legally in Massachusetts. Texas approved a constitutional ban on gay marriage in 2005.

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Texas Attorney General Greg Abbott argues state law won’t allow Texas to recognize the divorces because it would validate the marriage. The couples question whether the same-sex marriage ban applies to divorce and whether it conflicts with the U.S. Constitution.

The U.S. Supreme Court in June struck down parts of the federal Defense of Marriage Act because it treats same-sex couples unequally.

The Texas court is not expected to rule for several months.