Maryland Lesbian Divorce Case Heads To High Court, What Will The Ruling Mean For Same-Sex Marriage?
Maryland's highest court will hear arguments involving two women who married in California and are seeking a divorce in Maryland, a state that does not allow same-sex marriages. The lesbian divorce case is the first of its kind and may set judicial precedents for gay marriage in the state.
The Associated Press reported that the couple was denied a divorce in 2010 by Maryland because their marriage was not valid under state law. But their lawyers disagree, stating that Maryland should grant divorces to same-sex couples who were married elsewhere.
Maryland passed a law to allowing same-sex weddings to start in January 2013, though opponents are seeking to overturn it by voter referendum. The ruling may have limited effect on same-sex unions and divorces since gay marriage is illegal in Maryland until then.
The Court of Appeals of Maryland in Annapolis will set a precedent on how the state will deal with same sex marriages, and divorces, in the following years.
Judges have been wishy-washy in granting divorces to same sex couples. At least have a dozen divorces were granted by Maryland judges. Yet Jessica Port and Virginia Anne Cowan, as well as another couple, were denied theirs, said the couple's lawyer to the Associated Press.
Port and Cowan got married in California in 2008 while it was still legal to do so. The couple filed for divorce two years later in Maryland were Port lives.
The couple was denied their divorce by Judge A. Michael Chapdelaine.
The Court finds that to recognize the alleged marriage would be contrary to the public policy of Maryland, Chapdelaine wrote in a two-page opinion according to the Associated Press. The original trial lasted seven minutes.
Maryland has recognized same sex marriages from other states, the couple's lawyers said. Gay couples in other states like Nebraska, Pennsylvania, Texas and Rhode Island have also been denied divorces by judges.
A seven judge panel at the Court of Appeals will hear arguments Friday.
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