Texas State Representative Dan Flynn has submitted a request to Texas Attorney General Ken Paxton for an official opinion and interpretation of the state's current laws relating to marriage. The reasoning behind his request? He believes the United States Supreme Court's ruling in late June of 2015 that legalized same-sex marriage nationwide has not actually taken any affect because the legislature does not set any money aside for it.
To elaborate, he says that the unilateral benefits granted to people entering same-sex marriages, such as retirement systems, do not have any official source of finances. Until the legislation is modified to definitively allocate the resources, he does not feel it has any grounds of legality.
Do Same-Sex Couples Have the Right to Marry in Texas?
As of right now, Representative Flynn's argument has not made any alterations to same-sex marriage laws in the state. The argument that he proposes does seem to have more legal backing than many other claims brought up by the opposition to the ruling. It is entirely possible that it could introduce a modified piece of legislature that allocates resources for same-sex marriages without actually removing that newfound right entirely. If it does gain any ground, though, it is likely that lawmakers and politicians across the country will petition similar arguments in their own states.
One aspect of the ruling that is likely to remain unaffected is same-sex divorce rights. As a side-effect of the historic ruling, same-sex couples were also granted the right to file for divorce in any state, dismantling previous barriers that existed solely due to state boundaries. Since divorcing will typically remove government benefits from spouses, it would be surprising if the proposed changes to the law targeted divorce rights.
If you have any questions about same-sex marriage or divorce rights in Florida, or if you have any other family law dispute troubling you, contact the Law Office of Steven Friedman today. Our lead Pembroke Pines divorce attorney, Mr. Friedman, has more than 30 years of experience helping families of all sorts through their most trying times. Start working with a reliable advocate and schedule your case evaluation today.