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August 03, 2007
Could a Same-Sex Divorce Result In Same-Sex Marriage?
Two women "married" in Massachusetts (and yes, I'll continue to put that in quotes) are seeking a "divorce", 3 years later, in Rhode Island, where they live. However, Rhode Island does not officially recognize the union. So the question is, if they are granted a "divorce", does this imply that Rhode Island considers their union a marriage and thus is a back-door to "same-sex marriage"?
Rhode Island politicians are divided.
PROVIDENCE — A state court can grant two Providence women a divorce without answering the highly charged question of whether a same-sex marriage performed in Massachusetts should be recognized in Rhode Island, Governor Carcieri and Attorney General Patrick C. Lynch agreed in legal briefs filed with the state Supreme Court yesterday.But Carcieri and Lynch differed sharply over what the outcome of the case should be if the high court does take up the larger issue.
Carcieri, a Republican and a Catholic who has opposed bills to legalize same-sex marriage, argued that Family Court should not recognize the marriage between Margaret R. Chambers and Cassandra B. Ormiston.
“Marriage as a legal union of one man and one woman is clearly the bedrock of Rhode Island family law,” Carcieri’s brief said, citing gender-specific terms such as “husband and wife” in state law. “Because of the pervasiveness of this position throughout its family law statutes, Rhode Island has a strong public policy against recognition of any other marriage than that between one man and one woman.”
Lynch, a Democrat and a Catholic who has a sister who married a woman in Massachusetts, argued that Family Court should recognize the Chambers/Ormiston marriage under principles of comity, in which states recognize the laws and judicial decisions of other states.
“The crucial issue is whether there is a public policy in this state that is so strong it will require Rhode Island to except same-sex marriages from the traditional respect and recognition it has shown to laws of its sister states,” Lynch’s brief said. “Rhode Island’s case law and legislative enactments do not support such a finding.”
Predictably, the Republican insists that the people, via their representatives, should decide, while the Democrat believes that the osmosis that comes with free travel between states should be enough to change the laws. And actually, Lynch foresees a Family Court system that treats same-sex couples the same as married couples. While that by itself doesn't institute "same-sex marriage" in and of itself, once the precedent is set and the legal system is conditioned, it becomes much harder to keep it out. Lynch is innocently shortsighted at best, or an underhanded activist at worst.
And frankly, I believe that same-sex marriage supporters were banking on this all along. To simply get a friendly state to pass the law is all they would need, and then claim "comity" to make it a de facto law in the other 49 states. Never mind the people and their constitutions.
Posted by Doug at August 3, 2007 02:57 PM