|
 RI Lesbian Divorce Case Back In Court
by 365Gay.com Newscenter Staff
Posted: May 9, 2008 - 3:00 pm ET
(Providence, Rhode Island) A lesbian seeking
a divorce has returned to court despite a ruling by Rhode Island Supreme Court
that said same-sex divorce cannot be decided by Family Court.
Last December in a split decision the high court
ruled that laws governing Family Court do not include same-sex couples. (story)
This time Margaret Chambers is trying to get her
divorce in Superior Court.
But Superior Court Judge Patricia A. Hurst isn't
sure she can hear the case either.
Hurst has asked both sides in the case to submit
written arguments and has scheduled a hearing for June 12.
Ultimately it is expected the case will return to
the Rhode Island Supreme Court said Hurst.
"Superior Court does not have jurisdiction over divorce proceedings, so the
question is whether Superior Court has jurisdiction over proceedings that
resolve marital rights without calling it a divorce proceeding," she told
the attorneys for Chambers and her wife Cassandra Ormiston.
"Does the court have jurisdiction over two people who want to resolve property
interests? That happens every day."
Chambers and Ormiston were married in
Massachusetts in 2004.
Because Rhode Island has no specific law banning
same-sex marriage gay and lesbian couples can go to Massachusetts to marry.
But those marriages are not recognized in Rhode
Island.
In 2006 the Chambers filed for divorce in
Providence, citing "irreconcilable differences".
Because of the lack of specific legislation on
same-sex marriage Chief Family Court Judge Jeremiah S. Jeremiah Jr. said he did
knot know if he could rule without taking up the issue of marriage.
He asked the Supreme Court justices to determine
if he has the authority to hear the case. (story)
When the high court took up the case it limited
arguments solely to the issue of divorce, leaving marriage for same-sex couples
in limbo. (story)
Attorneys for the two the women had said the
court should consider only the comity provision of the US Constitution.
Writing for the majority, Justice William
Robinson III said that the Family Court could only deal with the divorce if the
General Assembly gives that court the power to grant divorces to same-sex
couples.
The case in Superior Court may become moot.
Ormiston told the court that she has moved to
Massachusetts and intends to file for divorce there.
Earlier this week a committee of the Rhode Island
legislature held public hearings on several bills involving same-sex couples,
including one that would allow for marriage, another that would permit civil
unions, and a proposed constitutional amendment barring gay marriage. (story)
©365Gay.com 2008
|
Entertainment
