by Big Dog on Dec 2, 2013 at 15:15 Commentary
A lesbian couple in Mississippi wants a divorce. They are not recognized as married by the state because the state does not allow gay marriage. The couple was married in (where else) San Francisco. Evidently they could afford to pay to go to California to get married but can’t afford to go there to get divorced.
Seems that they would still have property issues in MS though I can’t figure out how. I mean, if MS does not recognize gay marriage then it can’t recognize the property issues revolving around people who are gay and married in some other state. If they went to California and got divorced then it would be up to the California court to decide how property is divided and who pays what.
The issue of gay divorce is a problem for many gay folks who ran off to a gay marriage state, got married and then returned to a state that does not recognize gay marriage. The states rightly point out that they cannot grant a divorce for a marriage they do not recognize.
I think the woman living in MS, Lauren Beth Czekala-Chatham, should think long and hard before she demands a divorce be granted in a state that does not recognize her marriage. You see, she has a new girlfriend.
On a recent evening, in the one-story brick house she shares with her two children, a new girlfriend and several pets, Czekala-Chatham sat on the edge of a leather recliner, shaking her head.
“Why should I be treated differently, you know?” she said. “When the courthouse is a few blocks from here, I should be able to walk up there and get married. I should also be able to go up there and get divorced.” My Way News
If she were recognized as a married person then she is admitting to adultery. Since the state does not consider her married it can’t recognize her as an adulterer. But if she pushes the court for a divorce and is successful what would stop the court from deciding on the division of assets and the financial aspects based on her adultery?
The court could find in favor of the other partner and use this admission as the basis. Hell, it is likely she could be charged with a crime depending on MS law.
I agree with the state on this issue. It did not allow the marriage to take place and it does not recognize the marriage therefore it cannot act to undo what it does not recognize.
It seems to me that part of this is to force the state to recognize her marriage so she can undo it and then allow the pro gay marriage groups to use that as the basis for forcing MS to recognize (and possibly sanction) gay marriage.
This sucks for the people involved but perhaps they should have researched this before they traipsed off to California to get married so they could be a novelty item.
If they wanted to get married and be recognized as married then it seems to me they should reside in a state that recognizes gay marriage.
As is the case though, people in a special interest group want the rules changed to accommodate them.
Who knows? If she gives the court a good tongue lashing she might be successful but it will take a cunning linguist to pull it off…
Never surrender, never submit.
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