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Same-sex divorce raises new questions for states

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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 09:43 AM
Original message
Same-sex divorce raises new questions for states
http://www.cnn.com/2006/LAW/11/22/samesex.divorce.ap/index.html

PROVIDENCE, Rhode Island (AP) -- 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.

...

They filed for divorce in Rhode Island on October 23, citing irreconcilable differences, Chambers' attorney, Louis Pulner, said Wednesday. Ormiston declined to comment.

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Massachusetts became the only state to allow same-sex couples to marry after the state Supreme Court ruled it was unconstitutional to ban it.

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"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.

...
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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 09:55 AM
Response to Original message
1. The reasonable reaction would be...
"Rhode Island does not recognize your marriage as valid. Therefore, we can not grant a divorce."

If RI does grant a divorce, then the state has recognized same sex marriage and other couples married in Mass. can file lawsuits demanding that the state recognize their marriages, too. :evilgrin:
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ayeshahaqqiqa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 10:09 AM
Response to Original message
2. I wonder
if same sex marriage were legal in all states, if the divorce rate among homosexuals match those of heterosexuals?

Do those of you who are gay and married feel an obligation to "make it work" and NOT to divorce because you fear it will hurt the cause of gay marriage?
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