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State of Texas v. Naylor, et al.

In this divorce proceeding, the state filed a petition in intervention, arguing that the trial court lacked jurisdiction to grant the divorce because appellees Angelique Naylor and Sabina Daly were of the same sex. The state also filed a plea to the jurisdiction. The trial court found the state's intervention to be untimely and signed the written divorce decree. The state then filed its notice of appeal. Because the state is not a party of record and lacks standing to appeal, the appeal is dismissed for want of jurisdiction. State of Texas v. Naylor, et al., Austin Court of Appeals, No. 03-10-00237-CV, 01-07-2011

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OPINION

The State appeals from the final divorce decree of appellees Angelique Naylor and Sabina Daly, asserting that section 6.204 of the family code deprives the trial court of subject-matter jurisdiction over the appellees’ divorce. See Tex. Fam. Code Ann. § 6.204(c) (West 2006) (prohibiting state agency or political subdivision from giving effect to “right or claim to any legal protection, benefit, or responsibility asserted as a result” of same-sex marriage). Because the State is not a party of record and lacks standing to appeal, we dismiss this appeal for want of jurisdiction.

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