Texas Supreme Court Stakes Its Footnote in Impending History

The U.S. Supreme Court may be poised to decide the validity of same-sex marriage bans nationwide, but the Texas Supreme Court has managed to have its voice heard to declare that it doesn’t have anything to say. Because the State of Texas was too late in seeking to intervene in a same-sex divorce, the Supreme Court held (5-3) that it could not appeal that decree. Justice Willett authored the lead dissent, which would have had the Court address the matter on the merits, while Justice Devine dissented on the merits of same-sex marriage under Texas law. So with that out of the way, everyone can turn their eyes back to 1 First St., NE.

State v. Naylor

Boyd concurrence

Willett dissent

Devine dissent

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