In a historic ruling, Texas District Judge Barbara Hanson Nellermoe upheld a federal decision in favor of same sex marriage and same sex divorce. Nellermoe described the ban as unconstitutional. “Judge Barbara Nellermoe of the 45th District Court ruled that she would recognize the 2010 Washington D.C. marriage of two women –-Kristi and Allison Flood Lesh -– who are seeking to divorce,” On Top magazine reported April 25. An appeals court, however, is putting a halt to the case, stating that it needs further evaluation.
“Attorney General Greg Abbott responding by asking the appeals court to grant an emergency stay delaying Nellermoe’s ruling, arguing that speedy action was needed ‘to avoid the legal chaos that would follow if the trial court’s broadly worded ruling is mistakenly interpreted as authorization for the creation or recognition of same-sex marriages in Bexar County or throughout the state,'” The Statesman explains. Abbott adds that, from his point of view, Nellermoe overstepped her authority.
Nellermoe stated that the interests’ of their child, born in February 2013, largely influenced her decision. “Allison Lesh filed for divorce and joint custody of a child that Kristi Lesh, who became pregnant via artificial insemination,” The Statesman continues. Nellermoe stated that denying the divorce would be an injustice to the child. The child would not have the same rights as children with married, heterosexual parents, who have rights to “education, child support, hereditary rights, and tax benefits,” according to the Texas publication. Thousands of Americans may be affected by Nellermore’s ruling and the ensuing appeal. It is common knowledge that divorce is fairly popular; in fact, Americans ages 50 and up are more likely to be divorced than widowed, experts say.