The Texas Supreme Court today ruled that Governor Greg Abbott, while serving as the state’s attorney general, missed an opportunity to intervene in a timely fashion to challenge a same-sex divorce.
The record reveals that the State, while fully aware of the public import of this private dispute, had adequate opportunity to intervene and simply failed to diligently assert its rights. This is not a case in which the State was unaware of the litigation or blindsided by the result.
Abbott issued a statement disagreeing with the court.
“The Texas Supreme Court’s decision is disappointing and legally incorrect. The Court mistakenly relied on a technicality to allow this divorce to proceed. Importantly, the Supreme Court did not address the Texas Constitution’s definition of marriage—and marriage in Texas remains an institution between one man and one woman. The Texas Constitution continues to stand as the governing law for marriage in the State of Texas. The State and all political subdivisions in Texas remain prohibited by the Texas Constitution from giving effect to a same-sex marriage or any document recognizing one—including the divorce decree in this case.”