www.ambiente.us JANUARY / ENERO 2008
Court: Gay couple can't divorce in Rhode Island
by Eric Tucker
A lesbian couple that married in Massachusetts cannot get divorced in their home state of Rhode Island, the
state Supreme Court ruled Friday.
The court, in a 3-2 decision, said the state's family court lacks the authority to grant the divorce of a same-sex
couple because Rhode Island lawmakers have not defined marriage as anything other than a union between
a man and a woman.
"The role of the judicial branch is not to make policy, but simply to determine the legislative intent," the court
wrote.
Cassandra Ormiston and Margaret Chambers wed in Massachusetts in 2004 and filed for divorce last year in
Rhode Island, where they both live. But opponents of same-sex marriage said the court correctly avoided
taking a step toward recognizing such unions.
Massachusetts, the only state where gay marriage is legal, restricts the unions to residents of states where
the marriage would be recognized, and a Massachusetts judge decided last year that Rhode Island is one of
those states.
No law specifically bans same-sex marriages in Rhode Island, but the state has taken no action to recognize
them. The justices said Rhode Island laws contain numerous references to marriage as between a woman
and a man.
"My civil rights, my human rights have been denied," Ormiston said in a phone interview after the ruling. "It's
no small matter."
Nancy Palmisciano, Ormiston's lawyer, said couples married in other states and other countries are routinely
granted divorces in Rhode Island, and the same freedom should apply to this couple.
Now Ormiston is stuck in a marriage she doesn't want to be in, Palmisciano said. The women's lawyers
have said at least one would have to move to Massachusetts to get a divorce, but Palmisciano said Friday
that was not a viable option for her client.
"I'm disappointed for anyone who's involved in one of these marriages who's a resident of the state of Rhode
Island," she said. "I think these people are being confined to a legal limbo."
Louis Pulner, a lawyer for Chambers, said he was surprised by the decision.
"I feel that it's unfortunate that two people who are legally married can not get closure here in the state of
Rhode Island," Pulner said.
Lawyers for the women had argued that the court should consider only whether Rhode Island could
recognize a valid marriage from another state for the sole purpose of granting a divorce petition.
Opponents of same-sex marriage praised Rhode Island's top court for rejecting even a limited recognition of
same-sex marriage.
"The meaning of marriage in Rhode Island is the union of a man and a woman," said Monte Stewart,
president of the Marriage Law Foundation, which filed a brief in the case. "You have to have a marriage before
you can have a divorce."
Karen Loewy, a staff attorney for Gay and Lesbian Advocates and Defenders, said she viewed the court's
decision as a narrow ruling, but feared that same-sex marriage opponents would use it to argue against
broader legal recognition for same-sex couples in Rhode Island.
"You're essentially asking these women to move to access justice," Loewy said. "The door of the courthouse
has been barred for them."
The couple's divorce petition drew a broad range of supporters, including Attorney General Patrick Lynch, who
earlier this year released a nonbinding advisory opinion saying Rhode Island should recognize same-sex
marriages performed in Massachusetts.
In earlier court filings, Gov. Don Carcieri, an opponent of same-sex marriage, had also argued in favor of
granting the divorce. He said under Rhode Island law, the Family Court didn't have to address whether the
marriage was valid at all, avoiding a larger debate about same-sex unions.
But he hailed Friday's court decision, saying in a written statement that, "It has always been clear to me that
Rhode Island law was designed to permit marriage — and therefore divorce — only between a man and a
woman."
Copyright © Associated Press & AMBIENTE MAGAZINE. Do not reproduce without citing these sources.
Court: Gay couple can't divorce in Rhode Island
by Eric Tucker
A lesbian couple that married in Massachusetts cannot get divorced in their home state of Rhode Island, the
state Supreme Court ruled Friday.
The court, in a 3-2 decision, said the state's family court lacks the authority to grant the divorce of a same-sex
couple because Rhode Island lawmakers have not defined marriage as anything other than a union between
a man and a woman.
"The role of the judicial branch is not to make policy, but simply to determine the legislative intent," the court
wrote.
Cassandra Ormiston and Margaret Chambers wed in Massachusetts in 2004 and filed for divorce last year in
Rhode Island, where they both live. But opponents of same-sex marriage said the court correctly avoided
taking a step toward recognizing such unions.
Massachusetts, the only state where gay marriage is legal, restricts the unions to residents of states where
the marriage would be recognized, and a Massachusetts judge decided last year that Rhode Island is one of
those states.
No law specifically bans same-sex marriages in Rhode Island, but the state has taken no action to recognize
them. The justices said Rhode Island laws contain numerous references to marriage as between a woman
and a man.
"My civil rights, my human rights have been denied," Ormiston said in a phone interview after the ruling. "It's
no small matter."
Nancy Palmisciano, Ormiston's lawyer, said couples married in other states and other countries are routinely
granted divorces in Rhode Island, and the same freedom should apply to this couple.
Now Ormiston is stuck in a marriage she doesn't want to be in, Palmisciano said. The women's lawyers
have said at least one would have to move to Massachusetts to get a divorce, but Palmisciano said Friday
that was not a viable option for her client.
"I'm disappointed for anyone who's involved in one of these marriages who's a resident of the state of Rhode
Island," she said. "I think these people are being confined to a legal limbo."
Louis Pulner, a lawyer for Chambers, said he was surprised by the decision.
"I feel that it's unfortunate that two people who are legally married can not get closure here in the state of
Rhode Island," Pulner said.
Lawyers for the women had argued that the court should consider only whether Rhode Island could
recognize a valid marriage from another state for the sole purpose of granting a divorce petition.
Opponents of same-sex marriage praised Rhode Island's top court for rejecting even a limited recognition of
same-sex marriage.
"The meaning of marriage in Rhode Island is the union of a man and a woman," said Monte Stewart,
president of the Marriage Law Foundation, which filed a brief in the case. "You have to have a marriage before
you can have a divorce."
Karen Loewy, a staff attorney for Gay and Lesbian Advocates and Defenders, said she viewed the court's
decision as a narrow ruling, but feared that same-sex marriage opponents would use it to argue against
broader legal recognition for same-sex couples in Rhode Island.
"You're essentially asking these women to move to access justice," Loewy said. "The door of the courthouse
has been barred for them."
The couple's divorce petition drew a broad range of supporters, including Attorney General Patrick Lynch, who
earlier this year released a nonbinding advisory opinion saying Rhode Island should recognize same-sex
marriages performed in Massachusetts.
In earlier court filings, Gov. Don Carcieri, an opponent of same-sex marriage, had also argued in favor of
granting the divorce. He said under Rhode Island law, the Family Court didn't have to address whether the
marriage was valid at all, avoiding a larger debate about same-sex unions.
But he hailed Friday's court decision, saying in a written statement that, "It has always been clear to me that
Rhode Island law was designed to permit marriage — and therefore divorce — only between a man and a
woman."
Copyright © Associated Press & AMBIENTE MAGAZINE. Do not reproduce without citing these sources.
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