Massachusetts Gay Marriage Causes Problems for other States
Posted on November 23, 2006
Cross Posted from Revealing the ACLU: When last I wrote on the topic of Massachusetts and Gay Marriage, it was when Massachusetts opened itself up to permit people from other states to marry in Massachusetts. I commented at the time that this would likely cause problems for other states which suddenly have to deal with gay married couples.
The case I concerned about is now coming to light, and Road Island (a state which dose not recognize Gay Marriage) has to deal with it.
A lesbian couple married in Massachusetts has filed for divorce in Rhode Island, setting up a legal conundrum for judges in a state where the laws are silent on the legality of same-sex marriage.
Margaret Chambers and Cassandra Ormiston of Providence were married after the Massachusetts Supreme Judicial Court legalized gay marriage starting in 2004.
They filed for divorce in Rhode Island on Oct. 23, citing irreconcilable differences, Chambers’ attorney, Louis Pulner, said Wednesday. Ormiston declined to comment.
Rhode Island Family Court Chief Judge Jeremiah Jeremiah Jr. has yet to decide whether his court has jurisdiction and said he believes it is the first filing for a same-sex divorce in the state. A preliminary hearing was scheduled for Dec. 5.
Massachusetts became the only state to allow same-sex couples to marry after the state Supreme Court ruled it was unconstitutional to ban it.
Until recently, though, it was up in the air whether out-of-state couples could marry in Massachusetts. In September, a Massachusetts judge decided that nothing in Rhode Island law specifically banned gay marriage and said Rhode Island couples could legally marry there.
“Now the ultimate question is whether the state will recognize or determine whether it has jurisdiction to handle an out-of-state divorce when we don’t have any case law that accepts or rejects same-sex marriage,” Pulner said.
Road Island is the first state that has to deal with this question, but it will not be the last. The main question that I cannot shake is why the couple is so determened to divorse in Road Island? If they where able to make to to Massachusetts to get married in the first place, why not simplify the process and file divorce there as well.
I can’t help but think that this is another ploy from organizations like the ACLU and Lambda to force to Gay Marriage recognition issue in other states, or to force the recognition of out of state gay marriages despite what the state constitution says.
Moreover, if Road Island chooses to process the divorce, can it be argued as a president for the recognition of gay marriage itself? Or, perhaps, as a way to force gay marriage recognition in that state?
I have always been against the Federal Government passing a protection of marriage law, as I think that should be a state decision. However, if issues like this are used to drive the states in a direction the majority of the people would not support, then I would see no alternative than to take on the issue at a federal level.
» Filed Under Homosexual Agenda, News
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3 Responses to “Massachusetts Gay Marriage Causes Problems for other States”
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I understand that it’s either Rhode Island or federal law that you must get a divorce in the state in which you reside. I’m kind of partial to your theory, though.
Actually, I did check that out before I posted. The RI statute around residence requirements state that the couple must have been a resident for at least one year. You can find it here. There is some text in 15.5.3 of the statue which specifies which RI county, but I can find no requirement by state.
I will admit I did not check Federal Law – being a Federal Powers minimalist I didn’t think the Federal Government should take a stand. I did a quick search, but didn’t turn up anything – I will look a bit later today.
The judge is having a dilemma where no such dilemma exist since the marriage law of Rhode Island only recognizes marriage between a man and a women. The only place this “married” couple can get “divorced” is the only place that recognizes their “marriage” in the first place. This sounds like another activist judge but he may just be being careful because he knows how political this case is.