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: JURIST - The Paper Chase

New Jersey judge grants divorce to same-sex couple married in Canada

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] A judge in New Jersey granted a divorce Friday to a lesbian couple married in Canada. Speaking from the bench, Superior Court Judge Mary Jacobson said her decision was in harmony with the state's tradition of recognizing valid marriages performed outside the state, but cautioned that her ruling would not extend such recognition to areas other than divorce. The New Jersey Attorney General's office argued that the relationship should be dissolved as a civil union rather than recognized as a marriage, consistent with a 2007 Attorney General's opinion. The ACLU countered that such an outcome might leave the marriage intact in Canada and states that recognize same-sex marriages. In 2006, New Jersey Governor Jon Corzine signed into law legislation providing legal recognition to same-sex civil unions in New Jersey. Late last month the Manhattan Surrogate Court ruled that the surviving partner of a same-sex marriage performed in Canada is entitled to inherit the estate of a deceased spouse in New York state.

Full post as published by JURIST - The Paper Chase on February 08, 2009 (boomark / email).