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Can a marriage between two persons of the same sex that was legal in the state where it was established be dissolved by divorce in Texas?While there is no reported case delaying with this exact question, there is a case involving a transsexual’s right to sue for the wrongful death of her “husband” in a case of alleged medical malpractice. These cases turn on a finding that when one is born male, one is not transformed into a female by a surgical operation. The Texas Family Code is clear that same sex marriages are void in this state. The Federal Defense of Marriage Act (DOMA) defines marriage as the legal union of one man and one woman. DOMA also authorizes the states to refuse to recognize same sex marriages or civil unions sanctioned by other states. If there is no valid marriage, there can be no divorce.
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