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Judge Says Same-Sex Couple Married in MA Can’t Divorce in RI

Andy Towle December 7, 2007

The lesbian couple lives in Rhode Island, and was married in Massachusetts, which allowed them to marry because no law specifically bans same-sex marriage in Rhode Island. However, “The Rhode Island Supreme Court, in a 3-2 decision, said the family court lacks the authority to grant a divorce because state lawmakers have not defined marriage as anything other than between a man and a woman.”

RiSo they're currently stuck with each other, according to the AP: “Cassandra Ormiston and Margaret Chambers wed in Massachusetts in 2004 after that state became the first to legalize same-sex marriages. The couple filed for divorce last year in Rhode Island, where they both live, citing irreconcilable differences. Nancy Palmisciano, Ormiston's lawyer, said couples married in other states and other countries are routinely granted divorces in Rhode Island, and the same freedom should apply to this couple. Now Ormiston is stuck in a marriage she doesn't want to be in, Palmisciano said. The women's lawyers have said at least one would have to move to Massachusetts to get a divorce, but Palmisciano said Friday that was not a viable option for her client.”

Said one of the plaintiff's lawyers, “I'm disappointed for anyone who's involved in one of these marriages who's a resident of the state of Rhode Island. I think these people are being confined to a legal limbo.”

Naturally, opponents of same-sex marriage were quite pleased by the decision.

Topics: News More Posts About: gay marriage, Massachusetts, Massachusetts, News, Rhode Island, Rhode Island

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