


Last week, I reported that the Rhode Island Supreme Court ruled that the Family court lacked authority to grant a divorce to a lesbian married couple.
I thought the court was wrong and had completely ignored the full faith and credit clause of the U.S. Constitution. Rhode Island should recognize the official Massachusetts marriage. The attorney for Margaret Chambers, one of the women involved in the dispute, decided to file for a divorce in the state Superior Court, which has more power than the Family court in which divorces are traditionally heard.
The attorney should make the comity argument that Rhode Island must recognize the marriage since it has no law to ban same-sex marriage. There must be some forum in Rhode Island to grant this divorce.
Massachusetts restricts gay marriages to residents of states where these marriages would be recognized. Last year, a Massachusetts judge decided that Rhode Island does not ban gay marriages and same-sex marriage should be recognized there.
This is a real "catch 22" for these women. If the Rhode Island courts will not allow them to divorce, one spouse would have to return to Massachusetts and gain a one-year residency in order to file for divorce there. This is ludicrous. I firmly believe some Rhode Island judge and court will recognize the full faith clause and grant the divorce.
This is a wake up call for folks in same-sex marriages who have moved from the marriage state and may want a divorce in the future. Please stay tuned — it's not over yet. What do FWW readers think?
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