Doors closed in Texas to same-sex marriage

No repeat of scenes in California, Massachusetts

07:51 PM CDT on Monday, May 17, 2004

By Dan Lauck / 11 News

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When the mayor of San Francisco opened the door to same-sex marriages, gay couples overran City Hall.

The legal door slammed shut after 2,600 couples married.

But at midnight Monday, that door opened in Boston where 8,000 people gathered outside the courthouse as one couple after another repeated their vows.

The legislature made it clear that the day's events will not soon to be repeated in Texas.

"They decided only a man and woman can be married in this state," said family law attorney Lynne Holder.

Texas has also passed a defense of marriage act, which says same-sex marriages from other states will not be recognized.

Faced with a same-sex divorce case, Judge James Squire said, "we would dismiss it for want of jurisdiction. It hasn't happened yet, but that's what I think I'd do."

The larger question is what happens to all these same sex marriages, if the country passes a constitutional amendment banning them.

Are they still married or not?

U.S. Senator John Cornyn of Texas is pushing just such an amendment, which could, some say, leave those already married in a legal quagmire.

"They're going to have to address what happens to all those who were married under those laws," attorney Lynne Holder said.

"You can't have a retroactive law," Judge Squire said.

And so those who were legally married early Monday will stay married.

At least until they divorce.