Posted on 10/09/2007 10:13:01 AM PDT by j_hig
PROVIDENCE, R.I. - A lesbian couple married in Massachusetts should have the same right as heterosexual couples to divorce in their home state of Rhode Island, lawyers for the women told the state's highest court Tuesday.
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Cassandra Ormiston and Margaret Chambers were married in 2004 after same-sex marriage became legal in Massachusetts. Last year, the couple filed for divorce in Rhode Island.
Rhode Island law is silent on the legality of same-sex marriages.
If the women can't divorce in Rhode Island, their lawyers said the only legal avenue available to them would be for at least one to move to Massachusetts and live there long enough to obtain a divorce.
"It is an absolutely unfair burden," Ormiston said outside Rhode Island's Supreme Court. "It is a burden no one else is asked to bear, and it is something I will not do."
Lawyers for the women told the Supreme Court the only question to consider was whether Rhode Island could recognize a valid same-sex marriage from another state for the sole purpose of granting a divorce petition.
They stressed the case has no bearing on whether gay couples could get married in Rhode Island.
"You have a valid marriage in the state of Massachusetts," Louis Pulner, an attorney for Chambers, told the justices. "No one is asking the court to address the question of whether such marriages would be valid in Rhode Island."
In September 2006, a Massachusetts judge decided same-sex couples from Rhode Island could marry in Massachusetts because nothing in Rhode Island law specifically banned gay marriage. But the courts and the legislature in Rhode Island have not taken any action to recognize same-sex marriages performed in Massachusetts.
Attorney General Patrick Lynch earlier this year issued a nonbinding advisory opinion saying the state would recognize same-sex marriages performed in Massachusetts.
The justices did not indicate when they would rule.
Mid-Atlantic and the XTerra is more or less the exclusive domain of the L crowd.
It must be an east-coast thing with the XTerras, because out west it’s all about Subarus.
My SIL has an XTerra, and she is married (to a man). Likewise a hetero ex-coworker of mine. His is that bright yellow.
Seems like every Aztek I see in Virginia, Maryland, WestVa, area has that stupid "equals-sign" sticker on it ...
What’s this about XTerra’s?
GQuagmire is not amused.
I’m actually getting rid of it next year.Burns way too much gas for the miles I drive.
“unfair burden”
Yeah, I bet at least one of them is a real burden.
Are there no pictures of the formerly-happy quadrupeds?
"You have a valid marriage in the state of Massachusetts," Louis Pulner, an attorney for Chambers, told the justices. "No one is asking the court to address the question of whether such marriages would be valid in Rhode Island."
Yes, the justices DO have to address the validity of the marriage under Rhode Island law. A divorce can only be issued to dissolve a valid marriage. If they issue (or cause a lower court to issue) a divorce, the justices recognize that the marriage was legal under Rhode Island law. And if a same-sex marriage (wherever contracted) is legal enough to be dissolved in Rhode Island, couldn't it also be entered into in Rhode Island as well?
If they can get the state to recognize the divorce then recognition of the marriage is certainly implied.
Yep.
Would complaining to the RI Bar about the lawyers involved do anything I wonder?
this is full faith and credit in action. No amount of “federalism” will stop this.
In order for a divorce to happen the marriage must be recognized.
There is ample precident for this with common law marriages being recognized in the divorce courts of other states. Given the left wing nature of RI, it looks like this could open the flood gates.
You tell me. I never noticed any trends with XTerras regarding LGBTs, it’s mostly Subarus.
ROFL!
Gee, we forgot about that....
...since you’ve demanded we recognize homosexual “marriage”...
...do we also recognize “divorce”?
Better bring it up to the next legislative session!
This is the first I’ve heard of this.At least it’s not #1 with the H-mo’s or the lesbos.
The problem with all these types of State licenses is that the Constitution has a ‘full faith and credit’ clause that theoretically makes a marriage in one state legal in another.
I don’t know how this will turn out but there is a Constitutional issue here.
A: Because it's easier than crossing the goal line.
Q: What is the difference between Cheerios and the Gators?
A: Cheerios belong in a bowl!
War Eagle! Geaux Tigers!
Then if this is true, then why are all state not conceal carry?
I have to admit that cracked me up. In New England, that most often describes a Subaru Forrester with any one of the following bumper stickers:
Eve Was Framed
Uppity Women Unite
Goddess Bless
Well Behaved Women Rarely Make History
You Say I'm a Bitch Like it's a Bad Thing.
I just have to keep reminding myself, that when you are the defending champs in football and basketball, these shots just come with the territory when you lose the rare game.
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