TEXAS: Same sex couple's divorce and custody battle will proceed says San Antonio judge

San Antonio, Texas: Kristi Lesh v. Allison Flood Lesh
Judge rules that the state of Texas cannot block a divorce and custody battle from proceeding just because there is a day marriage ban in the state…
This is an interesting case involving two Texas women who married each other in 2010 in Washington only to seek a divorce four years later in Texas. Normally this should be a routine matter exept of course that marriage and divorce between same sex couples are verboten in Texas. That is the first issue. The second issue is that one of the women, perhaps Kristi Lesh, had a baby during the period of marriage; and the other one, Allison Flood Lesh did not adopt the child legally. So now Kristi, the biological mother, is saying that she should have sole custody of the child and that Allison is not entitled to anything since she is not the child’s biological parent.
State officials were trying to block the whole thing from being adjudicated in the state but the judge put her foot down and said the case would proceed notwithstanding. On what basis? Something to do with the unconstitutionality of the state’s same sex marriage ban, an issue which an appeal is pending in the circuit court of appeal. So round one goes to Allison Flood Flesh even though this case is far from over. Read more.