Allison Leona Flood Lesh and Kristi Lyn Lesh were legally married in the District of Columbia in 2010. Then they moved to Texas, a state that refuses to recognize their marriage because they are both women reports Think Progress.
During the course of their marriage they had a child but shortly afterwards they split up. Allison sought joint custody of their child, but Kristi sought to use Texas’ laws to her advantage in the custody proceedings, arguing that, because Texas’ constitution bans recognition of same-sex marriages, the court could not even consider Allison’s divorce petition — or her request for joint custody of the child.
Judge Barbara Hanson Nellermoe explained that marriage discrimination imposes unconstitutional burdens on the children of same-sex couples.
Joe Leeds, partner of the law firm Chaninat & Leeds commented, “This is a lower court decision and the case will likely proceed to the Texas Supreme Court and potentially the US Supreme Court. The case demonstrates the dynamic tension between state rights and the US Constitutional requirements of states honoring the laws of others states.”
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