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Divorce granted in common-law same-sex marriage case

Good result.

On March 24, a San Antonio jury returned a verdict in favor of Christopher Hoffman, a gay man who sought to prove a common law marriage existed since 1996 with his former partner, Moises Ortiz. The decision clears the way for Hoffman to legally divorce Ortiz and thus be eligible for alimony and other benefits .

Various judges have ruled a same-sex marriage existed before Obergefell vs. Hodges, the 2015 Supreme Court decision that legalized same sex marriage. However, this is the first time a jury in Texas has made such a finding within the confines of a divorce action.

[…]

The four-day trial was held in the 285th District Court of Bexar County, with Judge Aaron Haas presiding, The twelve-person jury voted 10 to 2 in favor of Hoffman. They found the couple was married on February 14, 1996, and that grounds existed for the court to grant a divorce.

In an email to Out In SA, Hoffman’s attorney, Justin P. Nichols, wrote, “To have a jury validate that the couple’s relationship constituted a marriage meant a tremendous amount to Hoffman, who has been fighting for almost three years to have his marriage recognized. This case can have broad implications for thousands of gay couples throughout Texas.”

See here for the background. It is good news, and it should have a positive effect for other same sex couples. I doubt this would be appealed, so the precedent is now there. Given the continued opposition to same-sex marriage among Republicans, though, I would not be surprised to see a bill introduced in the next legislative session to try to overturn this. I hope I’m wrong, but don’t be shocked if it happens.

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