When I wrote about this lesbian couple seeking a Rhode Island divorce, I asked readers to "stay tuned." The Rhode Island Supreme court just ruled that the Family Court lacks authority to grant a divorce because the Legislature has defined marriage as "between a man and a woman."

This decision is outlandishly wrong. The Rhode Island Legislature never specifically outlawed same-sex marriage or defined marriage. In 1961, when the marriage statute was enacted, the language was not specific but there was a general understanding that it meant "a man and a woman."

The Supreme Court ducked the issue of the legality of same-sex marriage. It leaves this couple in "legal limbo." In order to divorce, one of the parties would have to change domicile and move back to Massachusetts for a year to file for divorce. The divorce could have been granted by the Family Court without getting into the legality of the marriage. Divorce would be granted in RI for an incestuous or polygamous marriage which occurred in another state without inquiring into the validity of the marriage.

In my judgment, the Rhode Island Supreme Court should have held that divorce is possible under the federal full faith and credit clause of the Constitution, which holds that all states must recognize and enforce the official public acts, records, and judicial proceedings of every other state.

Marriage is a contract and if married elsewhere, it must be honored under full faith and credit. This 3/2 decision in Rhode Island rendered two strong dissenters who robustly argued that the divorce should be granted without getting into the legality inquiry. The court rationale falls apart when they said the Legislature, not the court, should make policy in this matter. Essentially the court has made the policy that if you're the wrong gender and you need a divorce, stay out of Rhode Island.

It's sad that in the U.S. there's still official government discrimination against gay and lesbians who form the last bastion for legal discrimination and second-class citizenship. When will this nonsense stop?

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