Divorce papers
rejected from same-sex pair
By CAROL COMEGNO,
courierpostonline.com December 20, 2006
MOUNT HOLLY, NJ -- A Superior
Court judge on Tuesday dismissed a divorce request to dissolve a gay marriage
for a former Browns Mills woman, saying state law does not recognize same-sex
marriage.
But the woman, Luna Foxx, said she never intended to seek dissolution of her
marriage in 2005 in Massachusetts to Renee Foxx. Luna Foxx said she wanted
to dissolve only the registered domestic partnership that she and Renee Foxx had
in New Jersey, but that she had been given the wrong paperwork by family court
officials.
Her divorce filing is believed to be one of the first in the state for a
same-sex union.
Superior Court Judge John L. Call Jr. told the couple he could only rule on what
he had before him -- a divorce complaint.
"The court cannot dissolve that which it cannot recognize," he said in a written
opinion. "Therefore, the court must dismiss the divorce complaint."
Afterward, Luna Foxx said a court employee told her she had to pursue a
conventional divorce even though she was in a same-sex marriage. "I did
exactly what they told me to do," said Luna Foxx, who represented herself in
court.
Luna Foxx said she asked Massachusetts officials about getting a divorce there
but was told she could not because she was not a resident.
"Since we never lived in Massachusetts and New Jersey doesn't recognize the
marriage, it doesn't matter if we're not divorced here," she said.
Call suggested that Luna Foxx, who now lives in Levittown, N.Y., contact the
office of legal services to help her seek dissolution of the domestic
partnership because she is indigent. Renee Foxx, a Middlesex County
resident, also represented herself in court.
Luna Foxx said she intends to refile with the family court to dissolve her
domestic partnership in New Jersey. The couple ran an animal rescue in
Browns Mills for two years until September, she said.
In his opinion, Call cited the Oct. 25 state Supreme Court ruling ordering the
Legislature to provide equal rights for same-sex couples because those rights
are not provided by the domestic partnership act.
The Legislature recently approved a bill authorizing civil unions, and Gov. Jon
S. Corzine has said he will sign it into law.
A civil union is similar to marriage and is subject to dissolution.
Whether it would lead to recognition of same-sex marriages from other states and
to divorce by New Jersey is a matter that Call said would likely be litigated in
the courts "for years to come."
Luna Foxx said she and her partner never lived in Massachusetts but went there
to wed after same-sex marriage was legalized in that state. Renee Foxx
made no comment after the ruling.
Reach Carol Comegno at (609) 267-9486 or
ccomegno@courierpostonline.com
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