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Let 'Em Have It
Governor says lesbian couple should be granted divorce.
A lesbian couple from Rhode Island filed for divorce in their home state, seeking to dissolve their 2004 marriage in Massachusetts, the only state to legalize same-sex marriage.
Margaret Chambers petitioned for divorce against Cassandra Ormiston in 2006, citing irreconcilable differences.
The Chief Judge of the Rhode Island Family Court asked the state Supreme Court whether his court has jurisdiction, since Rhode Island law is silent on the legality of same-sex marriage. The Supreme Court certified the question and requested briefs on the issue.
As this is the first same-gender divorce case to be heard, twenty friend-of-the-court briefs were filed. Rhode Island Governor Donald Carcieri, a Catholic Republican who has opposed bills to legalize same-sex marriage, argued in his brief that this couple should be allowed to divorce. He maintains that granting the divorce would not mean the state endorses or lends validity to the marriage it is dissolving.
Attorney General Patrick Lynch, a Catholic Democrat whose sister married a woman in Massachusetts, said that the Family Court should recognize the marriage and grant the divorce. He based his opinion on the Full Faith and Credit Clause of the U.S. Constitution, requiring states recognize the laws and judicial decisions of other states.
In my view, if this position is followed, there would be an increase in same-gender marriages, as divorce would be possible under the precedent of Rhode Island law.
Other briefs contended that if the Supreme Court allows the divorce, it would radically redefine marriage in Rhode Island, without legislative or voter input. How ironic that the conservative Governor supports the divorce, on the grounds that it would provide dissolution but not necessarily recognize the marriage in the first place.
While this sounds inconsistent, it would serve to protect gay and lesbian citizens and their relationships. I think most Americans are not yet ready for gay marriage, but this case is blazing the trail for new thinking in the 21st century.
The Supreme Court will hear oral arguments October 9. Stay tuned.
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Again, if this was
Again, if this was a"traditional" marriage, no one would blink an eye at this story. Of course they should be allowed to divorce! The Catholic Church is the last authority on what is good and moral in light of other events... why don't they focus on the sex abuse scandals with their own flock and let others get on with their lives? It's seems to be so easy these days to judge others and not look inward at ourselves and how we can better our own lives.
CM