Gay marriage is not legal in Texas and, at least for now, gay divorce is not legal, either.
1200 WOAI's Christ Fox says an appeals court has blocked the ruling of Bexar County State District Judge Barbara Nellermoe granting a divorce to a same sex couple in San Antonio. The court agreed that the judge was 'not authorized to make that decision.'
Attorney Judy Wemmert, who represents one of the women involved in the dissolving same sex relationship, says the issue will not go away. She says the issue at stake involves whether the woman, who is not the biological mother of a one year old child being raised by the couple, should be granted visitation rights and shared custody, an agreement which is standard among heterosexual couples who are divorcing.
"Our fear is that every day that goes by, this child is denied the bonding which usually occurs between a child and a parent at such a young age," Wemmert told 1200 WOAI news.
The child was conceived through artificial insemination. The couple was married in Washington DC, where same sex marriage is legal.
Attorney General Greg Abbott earlier this year successfully blocked a federal ruling against the state's ban on same sex marriages.
Wemmert says the full appeals court will now consider the case.
"We are now in a holding pattern until the Fourth Court rules whether Judge Nellermoe has the authority to declare that Texas law unconstitutional," she said.
"How can you be a parent in Washington DC, where gay marriage is allowed, and then you come to Texas and, ooops, you're no longer a parent," Wemmert said. "That's the problem. Texas has always been way behind in these kinds of issues."