Austen Crowder

Loose ends in same-sex marriage bans: divorce

Filed By Austen Crowder | September 15, 2009 4:30 PM | comments

Filed in: Living, Marriage Equality, Politics

From the Chicago Tribune: Indiana court turns down same-sex divorce request:

An Indiana judge has turned down a divorce request from two women married in Canada, ruling that state law doesn't give courts the authority to dissolve same-sex marriages.

These situations will become more prevalent as more states start supporting equal marriage rights. We have DOMA, which gives states plenty of cover when it comes to not accepting marriages; but what about divorce? Something tells me that pro-family pundits aren't going to rally behind a Defense of Divorce Act, after all.

It is my sincere hope that these kinds of through-the-cracks judicial issues will push debate on marriage rights, in one direction or another.

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It's funny how backward and different our judges are. In the rest of the country, judges have always found that states could grant a divorce since most amendments only prohibit same-sex marriage but allow for marriages performed elsewhere to be dissolved as long as they were a valid marriage when performed. (They would be, it wouldn't be until they cross state lines into Indiana that the marriage becomes invalid.)

Precedent? Who needs precedent?