Claim Of 'Same-Sex' Marriage Can't Stop Divorce

HOUSTON -- She wanted a divorce. But her husband said she shouldn't be allowed to get one -- since they weren't legally married.

For one thing, the husband said, he was really a she. And since Texas doesn't recognize same-sex marriages, he argued, there could be no divorce.

A judge in Houston rejected that claim and granted a divorce to Constance Gonzales.

The judge ruled that the man Gonzales had married -- James Murphy -- is biologically a male, even though he's declared himself a female and is now known as Linda Gail Carter.