Same-sex marriage could spread with 'divorce' ruling

A lesbian couple who obtained a marriage license in Massachusetts is seeking a divorce in their home state of Rhode Island in a case that could result in the spread of same-sex marriage.

Margaret Chambers and Cassandra Ormiston traveled across the state to Massachusetts and obtained a license in May 2004. They now are petitioning the Rhode Island courts for a "divorce."

Family Court Chief Judge Jeremiah S. Jeremiah Jr. has asked the state Supreme Court whether his court has jurisdiction to hear the case.

Austin Nimocks, senior legal counsel for the Alliance Defense Fund, asserts that if the Supreme Court rules a divorce can be granted to the women, it "would radically redefine marriage in Rhode Island without legislative or voter input."

"Rhode Island's public policy on marriage is clear, and same-sex 'marriage' isn't a part of it," Nimocks asserted.

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Attorneys with ADF have filed a friend-of-the-court brief with the state high court arguing that a divorce can be granted only to married couples and not to couples in other relationship contracts.

"Marriage has always been one man and one woman in Rhode Island. Everything else is counterfeit," Nimocks said. "Rhode Island should not allow same-sex 'divorce' to become a back-door entrance to the recognition of same-sex 'marriage.'"

Republican Rhode Island Gov. Donald Carcieri and Democratic Attorney General Patrick C. Lynch filed legal briefs of their own Wednesday arguing the state court can grant the women a divorce without answering the question of whether a same-sex marriage performed in Massachusetts should be recognized, the Providence Journal reported.

Carcieri and Lynch, who are both Catholic, differed sharply, however, over what the outcome of the case should be if the high court does take up the larger issue, the paper said.

Carcieri believes the court should not recognize the marriage, arguing "marriage as a legal union of one man and one woman is clearly the bedrock of Rhode Island family law."

State law, he argues, says divorces can be granted even when marriages are "void or voidable by law."

Lynch, who has a sister who married a woman in Massachusetts, argued the union should be recognized under principles of comity, in which states recognize the laws and judicial decisions of other states, the Journal reported.

"The crucial issue is whether there is a public policy in this state that is so strong it will require Rhode Island to except same-sex marriages from the traditional respect and recognition it has shown to laws of its sister states," Lynch's brief said. "Rhode Island's case law and legislative enactments do not support such a finding."

The Providence paper said the briefs filed from various individuals and groups showed the case is being watched across the country.

It's believed to be the first time a same-sex couples married in Massachusetts has sought a divorce in another state.

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