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The New York Times
u.s.
Court Rules Against
Same-Sex Divorce
By KATIE ZEZIMA,
nytimes.com on the Web, December 9, 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.
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