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No Divorce in Rhode Island for Same Sex Couples

By James Chau

So the legal limbo that started when Massachusetts became the only state in the union to legalize same sex marriage is continuing to occur until the Supreme Court tackles the issue.

As Rueters is reporting, Rhode Island's family court system was faced with the issue of whether a lesbian couple married in Massachusetts could handle their divorce in Rhode Island. Simple enough issue, it would seem.

Unfortunately for the highest court in Rhode Island, they felt the issue should be dealt with by the state legislators. It's a fine line the judiciary has to walk, they don't want to step on the legislators toes, as the judiciary is meant to interpret laws, not create them.

However the courts have long held a tradition of supporting disenfranchised and trailblazing when the legislators haven't kept up with the changing population.

I'm sure the drama will continue until state courts and state legislators finally tackle the issue and come to their senses. You can't keep burying your head in the sand or by blanket banning something. It's just downright silly.

I handle a variety of family law issues in my santa clara county family law office. If you have a divorce or domestic partner issue, please contact my office today.

Full post as published by San Jose Divorce Law and Family Law Lawyer Blog on December 09, 2007 (boomark / email).