divorce
Same-Sex Marriage but not Divorce?
Friday/March07/08
Rhode Island says it's so.
In a later-2007 decision called Chambers v. Ormiston, the Rhode Island Supreme Court held that Rhode Island courts do not have no jurisdiction to grant divorces to same-sex couples. Although Rhode Island does not permit same-sex marriage or civil unions, Rhode Island residents Margaret Chambers and Cassandra Ormiston traveled to Massachusetts - which does permit same-sex marriage - and obtained a marriage license. They were married before a Massachusetts justice of the peace, after which they returned to Rhode Island.
Unfortunately, the relationship between the spouses deteriorated. Ms. Chambers filed for divorce against Ms. Ormiston. But the Chief Judge of the Family Court asked the Rhode Island Supreme Court whether the Family Court had jurisdiction to grant a divorce to a same-sex couple.
The Rhode Island Supreme Court found no jurisdiction to grant the divorce, ruling that when the legislature enacted the divorce statute in 1961, "marriage" unequivocally meant heterosexual relationships. Two justices disagreed, stating that Rhode Island's divorce statute "does not bar the doors of the Family Court to Rhode Island citizens desiring a judicial determination of their marital status."
In a later-2007 decision called Chambers v. Ormiston, the Rhode Island Supreme Court held that Rhode Island courts do not have no jurisdiction to grant divorces to same-sex couples. Although Rhode Island does not permit same-sex marriage or civil unions, Rhode Island residents Margaret Chambers and Cassandra Ormiston traveled to Massachusetts - which does permit same-sex marriage - and obtained a marriage license. They were married before a Massachusetts justice of the peace, after which they returned to Rhode Island.
Unfortunately, the relationship between the spouses deteriorated. Ms. Chambers filed for divorce against Ms. Ormiston. But the Chief Judge of the Family Court asked the Rhode Island Supreme Court whether the Family Court had jurisdiction to grant a divorce to a same-sex couple.
The Rhode Island Supreme Court found no jurisdiction to grant the divorce, ruling that when the legislature enacted the divorce statute in 1961, "marriage" unequivocally meant heterosexual relationships. Two justices disagreed, stating that Rhode Island's divorce statute "does not bar the doors of the Family Court to Rhode Island citizens desiring a judicial determination of their marital status."
