Friday, February 06, 2009

Fabulous! NJ Judge Makes Up Gay Divorce Law

I guess we should just overlook the fact New Jersey doesn't even recognize gay marriage, or the fact this "marriage" wasn't even performed in this country. Why, these are judges! They're accountable to nobody and can just make it up as they go along. Heck, they imposed gay marriage on Massachusetts, so why not be allowed to create new law from the bench and allow a gay divorce?

Seems to logical to me that without valid gay marriage in the state there should not be any gay divorce.
Gay marriages performed outside New Jersey are recognized in the state for the purpose of divorce, according to a ruling Friday by a judge deciding whether a lesbian couple married in Canada can split.

The wider implications weren't immediately clear, but Superior Court Judge Mary Jacobson said New Jersey has a long history of recognizing marriages that are valid where they were performed.
I'm sure it was just coincidence Jacobson heard this case.
The state doesn't let gays marry but does allow civil unions. The state Supreme Court has ruled that gay couples have the rights to the same legal standing as married heterosexual couples.

The women — La Kia Hammond of Trenton and Kinyati Hammond of New Castle, Del. — were married in Victoria, British Columbia, in March 2004 and lived together in North East, Md. In 2005, La Kia, then 29, was found to have a terminal form of muscular dystrophy. She said doctors gave her two years to live.

About three years ago, she left Kinyati and moved with her daughter from a previous relationship to Trenton.

Now, she says, she is in love again and wants to marry before she dies. But without a divorce that's recognized in Canada, her lawyer says, she cannot wed again there.

The lawyer, Stephen Hyland, who is working on the case along with lawyers hired by the American Civil Liberties Union, said his client couldn't simply file for divorce in Canada because only residents can be granted divorces there.
Well isn't that just too damn bad. Maybe they should have thought about that before they got "married" in the first place.

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