An Austin judge has upheld a divorce granted to two women in Texas.

Texas attorney general Greg Abbott hoped to intervene in the case and prevent the divorce on the grounds that Texas doesn't recognize same-sex marriage. But district judge Scott Jenkins refused Abbott's request and maintained the divorce, reports the Austin American-Statesman.

The couple, who have a 4-year-old son, married in Massachusetts in 2004 but moved to Texas and later filed for divorce in Texas's Travis County. Jenkins's decision upholds a February ruling that initially granted Angelique Naylor, 39, a divorce from Sabina Daly, 42.

“We never
asked them to grant us a same-sex marriage,” Naylor told the American-Statesman.
“We only asked them to legally recognize that we needed a divorce.” 

Meanwhile, another same-sex marriage case in Dallas remains to be decided.