Legal Limbo

Yet another example of why we need federally guaranteed marriage equality now has presented itself in Rhode Island, where a lesbian couple who were married in Massachusetts are now being denied a divorce.

The lesbian couple lives in Rhode Island, and was married in Massachusetts, which allowed them to marry because no law specifically bans same-sex marriage in Rhode Island. However, "The Rhode Island Supreme Court, in a 3-2 decision, said the family court lacks the authority to grant a divorce because state lawmakers have not defined marriage as anything other than between a man and a woman."

So they're currently stuck with each other, according to the AP: "Cassandra Ormiston and Margaret Chambers wed in Massachusetts in 2004 after that state became the first to legalize same-sex marriages. The couple filed for divorce last year in Rhode Island, where they both live, citing irreconcilable differences. Nancy Palmisciano, Ormiston's lawyer, said couples married in other states and other countries are routinely granted divorces in Rhode Island, and the same freedom should apply to this couple. Now Ormiston is stuck in a marriage she doesn't want to be in, Palmisciano said. The women's lawyers have said at least one would have to move to Massachusetts to get a divorce, but Palmisciano said Friday that was not a viable option for her client."
The tide of legalized same-sex marriage won't be turned back. Everyone needs to resolve themselves to that reality and get with the program, because it's stupid to waste another decade fighting about something when the outcome is inevitable. Let's just do it right now and be done with it.

And, btw, there are enough examples of what a clusterfuck "leaving same-sex marriage to the states" will be, especially with DOMA ensuring none of them have to recognize each other's laws, that any politician who tries to use that pathetic punt at this point is effectively saying s/he is not in support of marriage equality at all. End of story.

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