CARNAL NATION

The same Conservatives who so ardently oppose same-sex marriage rights insist that two Texan men must remain married. The couple has sought a divorce in Texas court, but is facing opposition from Republican Attorney General Greg Abbott, Governor Rick Perry and Senator Kay Bailey Hutchison. They maintain that because same-sex marriage is barred by a state ban, a divorce cannot be issued for a relationship that is not legally recognized.

According to Mercury News, JB and HB were married in Massachusetts in 2006 before moving to Texas for work. Like many marriages, when their relationship became too challenging, they came to an amicable agreement and went to court to finalize the division of their property. Judge Tena Callahan granted their legal split on the grounds that the state marriage ban violates their federal right to equal protection on the “limited issue” of divorce.

Abbott quickly filed an accelerated appeal in defence of “the traditional definition of marriage”. His reaction received support from the Young Conservatives of Texas and others who fear that the granting of a divorce may pave the way for same-sex marriages in the state. Interestingly, this “traditional definition of marriage” refers to a lifelong commitment, but Abbott and his contemporaries are yet to attempt to obstruct straight divorces and insist that couples stay together forever in compliance with the traditional definition.

According to JB's attorney, Peter Schulte, The U.S. Constitution affirms that states are to recognize and give “full faith and credit” to “the public acts, records and judicial proceedings of every other state.” However, Abbott and other vehement opponents of same-sex marriage are less concerned with the logistics of the Constitution than they are with impeding gay rights.

This case positions Conservative opponents of same-sex marriage in an unlikely position. One would expect Abbott to support Callahan’s ruling, as it would mean one less same-sex couple threatening the traditional institution of marriage.