ABC news is reporting that a New York judge is granting a lesbian couple a formal divorce – even though New York does NOT allow gay marriage!
I am trying to be realistic here. According to the article, one of the women (Donna M.) “had argued that her 2004 marriage should be invalid in New York because the state doesn’t allow same-sex marriage.” Either Donna has had a change of heart (hopefully) or she is trying to have it BOTH ways. She & Beth R. had “married” in Canada in 2004 and evidently had moved to New York expecting to retain the benefits of marriage. But somehow, they now have decided to part company and are seeking redress in the courts.
The difficulty here is that New York does not have a law to address same-sex marriage. ABC reports that “at least 41 states have laws defining marriage as between a man and a woman.” Continue reading