BY Michelle Garcia
December 18 2009 8:10 PM ET
Two women are fighting over their right to divorce in Texas after getting married in Massachusetts five years ago.
Angelique Naylor of Travis County says her spouse, who was not identified in press reports, is contesting the request for a divorce on the grounds that same-sex marriage is not recognized in Texas, according to News 8 Austin.
"My spouse wanted equal rights on the day that we got married, and now that we're back in Texas, the law allows her to keep assets from me," Naylor said in the report. "Now she wants to step forward and say, 'no I don't want equal rights, it's OK to violate the constitution today as long as I don't have to share assets."
Atty. Gen. Greg Abbott's office said in a statement that when two people of the same sex who want to end their marriage are in differents state, the proper legal procedure is voidance, not divorce. According to Texas code, the term voidance is used to terminate marriages between relatives or between an adult and a minor.
In October a judge ruled that a married gay couple living in Dallas could divorce. Abbott's office also intervened in that case, saying that anti-gay-marriage laws should prevent the state from dissolving the marriage. Despite the judge's ruling that the Texas marriage ban violated equal protection under the law, Abbott said he would appeal the ruling "to defend the traditional definition of marriage that was approved by Texas voters."
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