_______ v. Angelique Naylor, Case No. _______ (Tx. Travis County 126th Dist. Ct.) (petition concerning parent-child relationship filed 01/05/09, and divorce petition filed 12/03/09)
On October 2nd, Texas District Court Judge Tena Callahan ruled that a same-sex couple has a constitutional right to divorce under the equal-protection clause of the 14th Amendment, even though the state constitution bans same-sex marriage and legal status for relationships "similar" to marriage. The case is In the Matter of the Marriage of J.B. and H.B. (Tx. Dallas County 302nd Dist. Ct.). Attorney General Greg Abbott said that he would appeal the ruling "to defend the traditional definition of marriage that was approved by Texas voters."
News 8 Austin (12/17/09) and UPI (12/18/09) report on another same-sex divorce case in Austin. While J.B. and H.B. both wish to divorce, Angelique Naylor seeks a contested divorce from her spouse. According to News 8, "Naylor's spouse is challenging her request for a divorce. She's citing Texas law, which does not recognize same-sex marriage." Not surprisingly, Abbott told News 8 that his office will "closely monitor" the case. He claims that Naylor's spouse is appropriately seeking a "voidance" of the relationship. A judge (not yet assigned) is expected to review the divorce petition in February.
Neither of the news reports identifies Naylor's spouse. That may be because the reporters have honored her preference to remain unidentified. Of course, theirs may just as well be an oversight. At any rate, I would rather not use this site to disclose her name, or the case number, although both are obviously a matter of public record. I would welcome comment on my decision to withhold both types of information. Does it matter that the plaintiff contests the divorce? Does the public have an overriding right to learn her name from a blog, even - or especially - if she may seek to avoid harmful consequences from identification by a blogger? Any interested party can call the Court, as I did. What ethical obligation does a blogger have here?
We are behind
1 day ago