R.I. Court Taking Up
Gay Divorce Case
By Eric Tucker , AP
from today.com on the Web, May 23, 2007
Providence -- The state
Supreme Court has agreed to hear arguments on whether a gay couple who wed in
Massachusetts can get divorced in Rhode Island, where the law is silent on the
legality of same-sex marriages.
The justices said they would decide whether a lower court can recognize a
same-sex marriage performed in another state for the purpose of handling a
divorce petition. Lawyers for both sides say the divorce case won't decide
whether gay couples can get married in Rhode Island.
Cassandra Ormiston and Margaret Chambers were married in 2004 after same-sex
marriage became legal in that Massachusetts. Last year, the couple filed
for divorce in Rhode Island, where they live, citing irreconcilable differences.
In December, Chief Family Court Judge Jeremiah S. Jeremiah Jr. asked the Rhode
Island Supreme Court to weigh in on whether he had jurisdiction to handle what
is believed to be the state's first same-sex divorce case.
The court returned the case to him at first, saying it needed more information
about the couple's marriage — including whether the couple had a valid marriage
license, where they lived when it was issued and whether Chambers, the
plaintiff, had resided in Rhode Island long enough to file for divorce in the
state.
But in an order dated Monday, the justices agreed to take the case and said it
would accept written briefs on or before Aug. 1.
The court invited the attorney general, the governor, state legislative leaders
and other interested parties to file briefs. Earlier this year, Attorney
General Patrick Lynch wrote a legal opinion urging the state to recognize those
marriages.
“My reaction, frankly, is very positive because it's movement and that's
something that we both want,” said Nancy Palmisciano, an attorney for Ormiston.
A date for hearing oral arguments has not been set.
“The fact is, this case will proceed, and we're hopeful for a resolution before
year's end,” said Louis Pulner, an attorney for Chambers.
The justices said they were deciding only whether the Family Court, for the
purpose of handling a divorce petition, can recognize the marriage of a same-sex
couple that was performed in another state.
If the Supreme Court rules that the Family Court has jurisdiction over the
divorce case, then the matter would likely be sent back to Jeremiah to decide.
But if the court rules otherwise, lawyers said, the only legal avenue available
to the women may be to move to Massachusetts and live there long enough to
obtain a divorce.
Neither woman is interested in that option, their lawyers said.
“I don't see how it's possible for her financially,” Palmisciano said.
“That means setting up roots in Massachusetts and becoming a resident there and
basically messing up her entire life.”
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