Gay marriage is legal in Massachusetts, Connecticut, Iowa, Vermont, Maine and New Hampshire. Connecticut also allows civil unions, as does New Jersey. Maine, the District of Columbia, California, Oregon, Washington, Nevada and Hawaii offer same-sex couples some form of domestic partnership. Of the remaining states, 36 have statutes forbidding same-sex marriage; 30 of these created amendments to their state constitutions banning the practice.
This fact is causing problems for gay couples who, legally married elsewhere, now seek a divorce in the Lone Star State.
According to an Associated Press report, when a lesbian couple recently filed for divorce here in Austin, a judge granted it. However, the Texas Attorney General appealed the decision as well as a divorce granted earlier to a Dallas gay couple. He believes that marriages that are not legal in Texas cannot be dissolved in Texas. If his appeal is upheld, Texas will join states like Pennsylvania, which does not allow gay couples to divorce.
Whatever your viewpoint on the issue of same-sex marriage, on the surface, this seems rather ironic. After all, if one is against gay marriage, why stop the dissolution of such unions? It seems analogous to someone who is against illegal immigration preventing deportation.
The counter-argument is that if a marriage does not exist as a legal entity, how can it be dissolved? The analogy would be that of voiding out a zero. In addition, some believe that granting gays the right to divorce would be a back door to recognizing their right to marry.
What do you think?
For further details: http://www.google.com/hostednews/ap/article/ALeqM5h4yuYnK0hU4FGiLltOHfhGLSnAngD9F6LL180