Court Rules Against Same-Sex Divorce (church, bible, marriage, sex)

[Mestemia]

By KATIE ZEZIMA
Published: December 8, 2007


BOSTON, Dec. 7 — The Rhode Island Supreme Court ruled Friday that same-sex couples who marry in Massachusetts, the only state that allows same-sex marriage, may not divorce in Rhode Island.

In a 3-to-2 decision, the court ruled that it was up to the legislature, not the court, to determine whether same-sex marriages and divorces would be recognized in Rhode Island.

The court said its role was “not to determine policy, but simply to determine legislative intent.”

The ruling said, “The General Assembly has not granted the Family Court the power to grant a divorce in the situation described.”

The decision came in the case of Cassandra B. Ormiston and Margaret R. Chambers, who were married in May 2004 in Fall River, Mass., a week after the state legalized same-sex marriage. Ms. Chambers filed for divorce in October 2006 in Rhode Island, citing irreconcilable differences.

Louis M. Pulner, a lawyer for Ms. Chambers, said his client was disappointed in the decision.

“Her life is now on hold,” Mr. Pulner said. “She is now in the unenviable position of being in legal limbo with nowhere to turn.”
The case is notable because a Massachusetts judge ruled last year that because Rhode Island does not expressly prohibit same-sex marriage, couples from Rhode Island are allowed to marry under Massachusetts state law.

At the time, the Rhode Island attorney general, Patrick C. Lynch, who supports same-sex marriage, said the marriages would not be legal in Rhode Island, as only the legislature or a court could determine if same-sex marriage was legal.

On Friday, Mr. Lynch blasted the ruling, saying it leaves Ms. Chambers and Ms. Ormiston in legal limbo. He said it was also inconsistent with previous rulings on same-sex relationships and could be applied “more broadly than it is intended.”

Bills to legalize same-sex marriage have been filed in the legislature numerous times but have not been acted upon.

Gov. Donald L. Carcieri of Rhode Island praised the ruling Friday but disagreed with the court, saying that any change to marriage law should come through a public referendum, not the legislature.

Source


Never thought I would see a headline like that...

[Buttercup]

I wonder if they could get a divorce in Mexico.

[Mestemia]

Funny how Christians are allowed to get divorced for anything under the sun, regardless of what the Bible states about divorce.

[Random]

Originally Posted by Mestemia

Funny how Christians are allowed to get divorced for anything under the sun, regardless of what the Bible states about divorce.

Yeah, funny, but not if you're a Catholic Christian. No divorce.

I don't think it matters: marriage for gay couples, followed by inevitable divorces...no point in splitting heirs, might as well allow the lot.

[michel]

Originally Posted by Mestemia

Funny how Christians are allowed to get divorced for anything under the sun, regardless of what the Bible states about divorce.

I must admit that that is something I have never really understood; nor have I understood how people can enter into vows a second time.

This really strikes me as absurd.

[GeneCosta]

Here's a deal: everyone gets to write up their own contract. It can be called whatever you want. Marriage. Union. Partnership. Sex bondage. Clan of fellows. Whatever. The parties involve agree to the stipulations. That way all people wanting a lifelong marriage in the name of [insert God/s] will be breaking BOTH the religious and political law if they seek a divorce.

/Half-serious.

[Mestemia]

Originally Posted by Random

Yeah, funny, but not if you're a Catholic Christian. No divorce.

I don't think it matters: marriage for gay couples, followed by inevitable divorces...no point in splitting heirs, might as well allow the lot.

You do not get out much.
I know many Catholics who are not only divorced, but have been remarried in the Catholic Church.
So unless you wish to whip out the 'No True Scotsman" fallacy....

[Storm]

Originally Posted by Mestemia

You do not get out much.
I know many Catholics who are not only divorced, but have been remarried in the Catholic Church.
So unless you wish to whip out the 'No True Scotsman" fallacy....

They probably got annulments, Mestemia. From the Church's perspective, that's a HUGE difference.

[Nanda]

Originally Posted by Random

Yeah, funny, but not if you're a Catholic Christian. No divorce.

Sure, they just get an annullment instead. Or they don't bother and just get a divorce like everyone else. I know many, many Catholics who have had multiple marriages within the Catholic church.

As for this ruling, I do find it a bit confounding. Of course, if we could just get our act together here in RI and allow gay marriage, we wouldn't have these problems.