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Like it or Not Texas will continue to fight gay marriage

Local and national headlines this week have captured the continuing battle between the Judges and our state government officials on the gay marriage issue. Our own Judge Herman found that the Texas constitutional amendment stating that marriage is between one man and one woman is unconstitutional. This ruling allowed him the ability to further find that a common law marriage existed between two women who resided together and who had drafted wills (but not executed) leaving their estate to the other in a contested probate between the deceased woman's family and her now found common law wife. Judge Herman's ruling then prompted Suzanne Bryant and her partner of 31 years, Sarah Goodfriend, to file a request for injunctive relief from District Judge David Wahlberg (not Judge Herman) in which the Court ordered the County Clerk to issue a marriage license to the couple based on Judge Herman's finding and Ms. Goodfriend's uncertain health. The couple applied for a license immediately after the District Judge signed the order and within minutes wed just outside the County Clerk's office.

Now, Texas Attorney General Ken Paxton is following in Greg Abbott's footsteps by trying to intervene and get a higher court to void Bryant and Goodfriend's marriage and overturn Judge Herman's ruling. He was successful in appealing to the Texas Supreme Court. The Supreme Court just issued a stay on the issuance of any marriage licenses to gay couples. Now, we wait to see what the higher courts are going to do in the probate case as the district case was brilliantly nonsuited after the wedding.

This is why it is so important to all unmarried couples - gay and straight - to make sure that they have the properly drafted and executed documents in place to protect their loved ones from their own families! We can help you with that. Call us today for a free consultation on planning packages.

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