So, Allison Leona Flood Lesh and Kristi Lyn Lesh were legally married in DC in 2010. Then they moved to a state that refuses to recognize their marriage because they are both women; Texas. (I’m from Texas, so if it seems like I’m bashing the state, I’m allowed, OK?) They decided to have a child, and Kristi was artificially inseminated. Then, Allison and Kristi’s marriage went south. Allison filed for a divorce last year, seeking joint custody of their child. Kristi argued that, because Texas’ constitution bans recognition of same-sex marriages, the court could not even CONSIDER Allison’s divorce petition — or her request for joint custody of the child. Nice use of a F’d up law for your own advantage (I blame her lawyer) So, Judge Barbara Hanson Nellermoe declared Texas’ ban on marriage equality unconstitutional. Among other things, the judge said that marriage discrimination imposes unconstitutional burdens on the children of same-sex couples
“[i]mmutable protections for the children born of same-sex marriages require the same protections as those born from other marital and intimate relationships, e.g., education, child support, hereditary rights, tax benefits.”
An appeals court stayed Nellermore’s ruling just two days after she handed it down, at the request of Attorney General Greg Abbott. The Leshes’ case also demonstrates why the right to divorce is one of the most important rights afforded to married couples. A legal divorce allows their disputes to be resolved by a neutral judge — rather by fights or money maneuvering. It also ensures that custody disputes will be resolved with the child’s best interests in mind — not on the basis of the fact that some states do not believe their all married couples are deserve the equal protection of the law. Stay tuned, if I know Texas, this ain’t over. (via Think Progress)
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