Can A Divorce Be Honored - When The Law Doesn't Honor The Marriage?
So two women meet and fall in love. They decide they want to build a life together and grow old together. They have a desire to marry but their type of marriage is not legal. Then the unthinkable happens. Massachusetts declares gay marriage legal and starts handing out marriage licenses to gay couples. It is a historic event.These two women decide they want to get married and so they obtain a license from Massachusetts. They are happy and elated.
Rhode Island has no law recognizing gay marriage and as a result they have no avenue to obtain a divorce in Rhode Island. Quite a dilemma indeed. What are they to do? It appears that their only option would be for one of them to move back to Massachusetts and live their long enough to qualify to obtain a divorce under Massachusetts's law...or...
They could challenge the law of Rhode Island to honor their divorce.
And there in lies the sticky nature of this dilemma.
Rhode Island law is silent on the legality of same-sex marriage. So the questions arise:
Does one state have to honor the same sex marriage license granted in another state?
Does one state have to honor and grant a divorce for a same-sex marriage license granted in another state?
Since Rhode Island law does not honor the same sex marriage license to begin with, then technically the state has no marriage to honor and in their eyes, the divorce is not needed... because a marriage never took place to begin with.
So it becomes a question of State's Rights...
Can the courts or the federal government force one state to honor something that its citizens might not want the state to honor?
It is an interesting question...an interesting dilemma...an interesting catch 22...
If Rhode Island honors the divorce, then they are actually agreeing that a marriage took place and therefore would indirectly be honoring and upholding gay marriage...which goes against what their law currently allows being that the law in Rhode Island is silent on the matter.
It will be interesting to see what Rhode Island's highest court decides...
























