Monday, February 09, 2009

NJ Same-sex Divorce Opens Door to Same-sex Marriage

In what might appear to be "getting the marriage buggy before the horse," a superior court judge has ruled that lesbians 'married' in Canada can be divorced in New Jersey.

-- From "Gays Can't 'Marry,' But Divorce? Why Not!" by Geoff Mulvihill

TRENTON - Gay marriages performed outside New Jersey are recognized in the state for the purpose of divorce, according to a ruling Friday by a judge deciding whether a lesbian couple married in Canada can split.

The wider implications were not immediately clear, but Superior Court Judge Mary Jacobson said New Jersey has a long history of recognizing marriages that are valid where they were performed.

The state doesn't let gays marry but does allow civil unions. The state Supreme Court has ruled that gay couples have the rights to the same legal standing as married heterosexual couples.

The lawyer, Stephen Hyland, who is working on the case along with lawyers hired by the American Civil Liberties Union, said his client couldn't simply file for divorce in Canada because only residents can be granted divorces there.

Cases like these are closely watched by advocates for and against gay marriage, partly because allowing gay couples to divorce could open the door to recognizing gay marriage.

To read the entire article, CLICK HERE.