Texas Supreme Court

State of Texas, Petitioner v. Angelique Naylor and Sabina Daly, Respondents in Re State of Texas, Relator

June 22, 2015466 S.W.3d 783

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the State of Texas lacked standing to appeal the trial court’s same‑sex divorce decree and therefore denied the State’s petition for a writ of mandamus. The Court reasoned that the State was not a party of record, was not bound by the judgment, and did not satisfy the virtual‑representation doctrine. Separate dissenting opinions (Willett, Devine) argued the State should be permitted to intervene and that Texas law should be upheld.