Attorney General Greg Abbott said that since Texas law prohibits same-sex marriages and civil unions, the men could not be divorced in Texas since their union is not recognized to exist in Texas.
The men, who have asked that their names remain private, were married in Cambridge, Mass., in 2006.
Peter Schulte, who represents the plaintiff, said he plans to argue that the U.S. Constitution dictates that states recognize contracts from other states.
According to Schulte, the couple could be legally divorced in Massachusetts but only after establishing residency. Schulte maintains that even though his client was married out of state, he shouldn't be treated any different than anyone else seeking a divorce.
While this case is a first for Texas, it is not the first nationwide. A gay couple seeing a divorce in Rhode Island were denied for the same reason as Schulte's client. Another gay couple seeking a divorce in Iowa were successful in their dissolution.
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