A San Antonio woman, married to her partner in Massachusetts in 2004, has been granted the state's first gay divorce. 

The state does not legally recognize marriage between same sex couples.  Attorney General Greg Abott argued that since the couple's marriage was not valid in Texas, neither should be their divorce.   

An Austin judge denied Abbott's request to intervene in the same-sex divorce.

The gay couple, who have a 4-year-old son, married in Massachusetts in 2004 but moved to Texas and later filed for divorce in Texas's Travis County. Jenkins' decision upholds a February ruling that initially granted Angelique Naylor, 39, a divorce from Sabina Daly, 42.

“We never asked them to grant us a same-sex marriage,” Naylor told the American-Statesman. “We only asked them to legally recognize that we needed a divorce.” 

Meanwhile, another same-sex marriage case in Dallas remains to be decided.
 

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