A judge will allow a lesbian couple, who married in Canada, to divorce — the first-ever same-sex divorce in the state of New York.
Although New York does not permit same-sex marriages, but Supreme Court Justice Laura Drager refused to dismiss a divorce and child custody suit by a woman, known only as Beth R., against her ex-partner, Donna M.
Donna M. believed that her marriage to Beth R. should be invalid or void in New York because the state rejects same-sex marriages.
New York’s highest court turned down a constitutional right to same-sex marriages last year — citing it was an issue that lawmakers should handle. This state is one of the few which does not address same-sex marriage. The majority of American states define marriage as a union between a man and woman that allow them to refuse same-sex marriages from other states. In December 2007, Rhode Island was one such example — it declined to grant divorce to same-sex couples.
Drager pointed out that New York would not recognize out-of-state marriages in two scenarios: if it is prohibited by state law or considered “abhorrent” to New York public policy. The two situations seen as “abhorrent” are polygamy and incest.
Donna M. and Beth R. married in Toronto in 2004. They are both in their 40s and work in the media industry. Their marriage saw the birth of two daughters, born to Donna M., by way of artificial insemination.
The following states allow spousal rights or civil partnerships for gay couples: Oregon, New Hampshire, Maine, Connecticut, Vermont, New Jersey, Washington, California and Hawaii. Massachusetts is the only state that recognizes gay marriage.
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