Yesterday as I was reading various articles of the day I came across a story about the problem some same sex couples are having in Texas. Now it is not exactly what you may initially think. This is not an issue about the right for them to get married in Texas (which they of course still cannot) but moreover it is about the right for them to get a divorce in said state.
The problem is, since Texas does not recognize gay marriage they will also not allow gay couples to get a divorce in that state since the marriage technically does not exist within the state already. The problem is that as with any marriage things do eventually become rocky, and there is always the possibility of divorce. By the state of Texas denying divorces to same sex couples who are already married (legally I may add) in other states they are in essence saying that these couples are not entitled to the same legal treatment as heterosexual couples. Sure, this argument is rampant whenever the marriage issue is brought up across the country, but now in this divorce issue the problems are compounded. Since the marriage occurred in another state where the law allows same sex marriages those couples have entered into both the ceremonial and legally binding state of marriage.
What now, when these couples choose to part for whatever reasons that may arise are these people to do? Since the state of Texas will not currently grant a divorce (over the fear that allowing same sex couples to divorce is an act of acceptance of gay marriage) these couples are stuck in a legal loophole. There is no adequate way of assessing the split of assets, property, visitation with children, etc. Now the cases that are already pending in Texas (at least as far as my quick research has found) are mostly amicable and not really in need of legal help to resolve the termination of the marriage contract, but if that were not the case and it was a messy situation where children or (as is the case partially now) large sums of property or money involved there would be no legal recourse available to these couples. Long story short, someone would end up being screwed, or both parties would be forced to remain in a situation that could potentially be unhealthy.
I certainly do not agree with Texas on this one. While their voters did in essence wish to keep marriage as a union between a man and woman, the argument that some use to keep divorce solely to a man and a woman is ridiculous. If marriage is a truly holy institution then divorce should not be considered or used. However we all know divorce is (sadly) not uncommon in this day and age. And when you look at marriage as simply a legally binding contract between two individuals then divorce is merely the legal way out of that contract.
My point here is, if Texas wishes to maintain the sanctity of marriage yet they deny divorce to same sex couples already married and living in that state, they are not so much maintaining the sanctity of marriage (where all divorce would be considered an affront to the union) as they are maintaining the sanctity of a legal and social contract between two individuals. Thereby, denying the right of divorce to couples already legally married because of their gender is discrimination by saying the law only applies to certain portions of the population. And that, my friends, is wrong. Since the law is meant to be cut and dry applied to all people regardless of race, religion, creed, etc. Dare to dream, eh?
But this is just my quick two cents on the subject before work.
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