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October 9, 2007
High court hears arguments on same-sex divorce
PROVIDENCE — The Supreme Court this morning heard arguments from lawyers for two Providence women seeking Rhode Island’s first same-sex divorce.
Margaret R. Chambers and Cassandra B. Ormiston married in Fall River in May 2004, shortly after Massachusetts became the first state to issue marriage licenses to same-sex couples. Their case marks the first time any of the same-sex couples married in Massachusetts have sought a divorce in another state.
“The issue today is one that is very narrow in scope,” lawyer Louis M. Pulner told the high court. “Very simply stated: Do we recognize a validly entered into marriage in the state of Massachusetts for the purposes of granting a divorce here in the state of Rhode Island?”
Pulner said that while the state legislature has had opportunities to pass a law on same-sex marriage, “they have not embraced it nor have they rejected it,” and he noted House and Senate leaders did not respond to the court’s invitation to file friend-of-the court briefs in this case.
Supreme Court Chief Justice Frank J. Williams pointed out that in recent years, the legislature also has chosen not to pass laws allowing civil unions or same-sex marriages.
“They have opted not to take a position either way,” Pulner replied, “which I think speaks largely relative to how this court should be looking at this particular issue.”
Williams said, “We are not the legislature, though, Mr. Pulner.”
“I grant you that, you honor,” Pulner said. “But the fact is that the legislature has known same sex couples from the state of Rhode Island have been going over the border into Massachusetts and availing themselves of that particular licensing statute. This legislature has done nothing, not withstanding the fact they have been given several opportunities over several years to be able to make that kind of decision.”
-- Journal writer Edward Fitzpatrick
Posted by Brandie Jefferson
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What an embarassment. Rhode Island has enough to worry about without these two drawing attention to themselves and the state.
Think of how this looks, in sound bites and word snippets, on a national scale.
Does is make you proud and happy to be a Rhode Islander?