The two were married in Massachusetts in 2004 and then returned home to Texas, where same-sex marriage is banned. In February, a judge granted the women a divorce. The next day, Texas Attorney General Greg Abbott filed a motion to intervene in the case, arguing that the court didn't have jurisdiction to grant the divorce because the parties were of the same sex. However, the judge ruled that the attorney general's intervention wasn't timely. Abbot then appealed.