Archive for Thursday, November 23, 2006
Same-sex divorce poses legal challenge
November 23, 2006
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Rhode Island — 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.
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23 November 2006
at 3:44 p.m.
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kansasdaughter (Anonymous) says…
Why? Seems the court should treat this couple as they would any other married couple seeking a divorce.