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Texas A.G. loses gay divorce case

April 1, 2010 at 7:04 PM

AUSTIN, Texas, April 1 (UPI) -- The judge who allowed a married lesbian couple to divorce in Texas has rejected the state attorney general's move to overturn his decision.

Attorney General Greg Abbott argued that Angelique Naylor and Sabina Daly could not dissolve their marriage in Texas because the state constitution defines marriage as a contract between a man and woman. District Judge Scott Jenkins, who sits in Austin, said Wednesday allowing the case to move up to the state Supreme Court will result in a decisive ruling, the Austin American-Statesman reported.

Naylor and Daly, both Austin residents at the time, married in Massachusetts in 2004. They have an adopted son, now 4.

At Wednesday's hearing, Jenkins said he was concerned about the young boy and believes ending his mothers' marriage quickly is best for him. Deputy Attorney General David Morales, representing Abbott, suggested no final resolution is possible at the moment.

Jenkins granted the divorce in February after a two-day hearing. While Naylor originally opposed Daly's petition for divorce, the two women reached agreement on custody and financial arrangements.

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