A judge in Travis County declined Wednesday to consider Texas Attorney General Greg Abbott's request to intervene in the county's first same-sex divorce case, letting stand the judge's February decision to grant a divorce to two women who had been married in another state.

Abbott's deputies had argued in court filings that Angelique Naylor, 39, and Sabina Daly, 42, may not be legally granted a divorce because Texas law defines marriage as between a man and a woman. Naylor and Daly were married in 2004 in Massachusetts, where gay marriage is legal. They returned to their home in Austin after their marriage and adopted a son who is now 4.

During a hearing, state District Judge Scott Jenkins questioned Abbott's decision to pursue the case, noting that his office is involved in same-sex divorce litigation in Dallas that is already on appeal. That case, Jenkins said, is positioned to provide legal precedent on the legality of gay divorce. He suggested that a delayed disposition in the Travis County case could affect Naylor and Daly's son.

In previous court filings, Abbott's office had argued that granting a divorce would subject Daly and Naylor to a lifetime of uncertainty.

Legal voidance, the court filings argued, is the quickest, cheapest and most reliable way to end the marriage.

Deputy Attorney General David Morales argued in court Wednesday that because Jenkins had not yet signed off on the final decree, the case was still open and the judge could consider the attorney general's argument against granting the divorce.

Naylor's lawyer, Jennifer Cochran, and Daly's lawyer, Bob Luther, argued that because Jenkins had orally rendered final judgment by the time Abbott sought to intervene, Abbott had no legal standing to enter the case.

Jenkins said oral judgments are final in Travis County family cases, where it is critical to allow parties to wrap up litigation quickly and get on with their lives.

In the Dallas case referenced by Jenkins in court, a judge denied Abbott's attempt to intervene. That case involves two men who also were married out of state.

State District Judge Tena Callahan in Dallas County ruled in October that the two men could divorce in Texas. Callahan also ruled in that case that the prohibition of same-sex marriage violates the right to equal protection under the U.S. Constitution.

Abbott appealed the ruling, and on April 21, a panel of the Texas 5th District Court of Appeals in Dallas is scheduled to hear arguments in the case.

That case, Jenkins said, would likely reach the Texas Supreme Court, which could establish whether same- sex couples married elsewhere may legally divorce in Texas.