Fight for our rights! Gay divorce now!!

topic posted Tue, April 15, 2008 - 7:30 PM by  Jerry the Fa...
"I find that an unbelievably unfair burden. I own a home here, my friends are here, my life is here," said Ormiston, who is resigned to moving to Massachusetts for a year.

It's not clear how many gay couples have sought a divorce.

In Massachusetts, where more than 10,000 same-sex couples have married since 2004, the courts don't keep a breakdown of gay and heterosexual divorces. But Joyce Kauffman, a member of the Massachusetts Lesbian and Gay Bar Association, said probably more than 100 gay divorces have been granted in Massachusetts, and possibly many more.

She said she suspects the divorce rate among gays is lower than that among heterosexual couples, because many of the same-sex couples who got married in Massachusetts had probably been together for years.

Vermont has dissolved 2 percent of the 8,666 civil unions performed there since they became legal in 2000. Those numbers do not include couples who split up in another state.

Chambers and Ormiston wed in Massachusetts in 2004 and filed for divorce in 2006. But the Rhode Island Supreme Court last winter refused to recognize their marriage. That means at least 90 other gay couples from the state who got married in Massachusetts would not be able to divorce in Rhode Island if they wanted to.

Getting a divorce could prove toughest in some of the 43 states that have explicitly banned or limited same-sex unions, lawyers say.

In Missouri, which banned gay marriage in 2001, a conservative lawmaker has urged a judge not to grant an annulment to a lesbian married in Massachusetts.

Oregon started allowing gay couples to form domestic partnerships this year. But to prevent problems similar to those in Massachusetts, lawmakers added a provision that allows couples to dissolve their partnerships in Oregon even if they have moved out of state.

The measure is modeled on California's domestic partnership system and represents a major change in the usual rules governing jurisdiction.

"It's a novel concept in the family law area," said Oregon lawyer Beth Allen, who works with Basic Rights Oregon, a gay rights group.

Same-sex couples can form civil unions in Vermont, Connecticut, New Jersey and New Hampshire. They can enter into domestic partnerships or receive similar benefits in California, Oregon, Maine, Washington, Hawaii and the District of Columbia.

New York does not permit gay marriage, but a judge there has allowed a lesbian married in Canada to seek a divorce. In 2005, Iowa's Supreme Court upheld the breakup of a lesbian couple who entered into a civil union in Vermont.

Some Rhode Island lawmakers are pushing to legalize gay divorce. But Gov. Don Carcieri, a Republican who opposes gay marriage, is against the idea. So are church leaders in the heavily Roman Catholic state.

"Whatever name they want to give to it, it is a recognition of same-sex unions," said the Rev. Bernard Healey, a lobbyist for Catholic Diocese of Providence.

(This version CORRECTS number of states explicitly banning or limiting same-sex unions to 43).)

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