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http://news.yahoo.com/s/ap/20100420/ap_on_re_us/us_gay_divorce_texas
DALLAS – After the joy of a wedding and the adoption of a baby came arguments that couldn't be resolved, leading Angelique Naylor to file for divorce. That left her fighting both the woman she married in Massachusetts and the state of Texas, which says a union granted in a state where same-sex marriage is legal can't be dissolved with a divorce in a state where it's not.
A judge in Austin granted the divorce, but Texas Attorney General Greg Abbott is appealing the decision. He also is appealing a divorce granted to a gay couple in Dallas, saying protecting the "traditional definition of marriage" means doing the same for divorce.
A state appeals court is scheduled to hear arguments in the Dallas case on Wednesday.
The Dallas men, who declined to be interviewed for this story and are known only as J.B. and H.B. in court filings, had an amicable separation, with no disputes on separation of property and no children involved, said attorney Peter Schulte, who represents J.B. The couple, who married in 2006 in Massachusetts and separated two years later, simply want an official divorce, Schulte said.
The drawn-out process has been frustrating for Naylor, who says she didn't file for divorce as an equal rights statement — she just wants to get on with her life.
"We didn't ask for a marriage; we simply asked for the courtesy of divorce," said Naylor, 39, of Austin, who married Sabina Daly in Massachusetts in 2004.
That year, Massachusetts became the first state to let same-sex couples tie the knot. Now, Connecticut, Iowa, New Hampshire, Vermont and the District of Columbia also allow them.
Gay and lesbian couples who turn to the courts when they break up are getting mixed results across the nation. A Pennsylvania judge last month refused to divorce two women who married in Massachusetts, while New York grants such divorces even though the state doesn't allow same-sex marriage.
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http://news.yahoo.com/s/ap/20100420/ap_on_re_us/us_gay_divorce_texas