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Loading ...Gay marriage no, divorce yes
03.31.2009 11:25am EDT
(Binghamton, New York) Gays and lesbians may not be able to get married in New York – but they can get divorced.
In what is believed to be the first ruling on the issue of gay divorce in the state, a judge in Binghamton, New York has granted a divorce to a lesbian couple.Justice Molly R. Fitzgerald based her ruling on an executive order issued last May by Gov. David Paterson recognizing the marriages of New York gay and lesbian couples who had gone outside the state to wed. The order directed state agencies to revise their policies.
Lauren Wells and Shari Weiss were married in August 2004, in Toronto Canada where same-sex marriage is legal.
But in granting the divorce, Fitzgerald did not allow a division of property. The couple had purchased a home together prior to Paterson’s executive order. At the time they were not entitled to sign the title with equal rights of possession. The mortgage was held by Weiss
Outside court, the women through their attorneys agreed that Wells would remain in the house for six months, after which it would be the sole property of Weiss.
In 2006, the New York Court of Appeals, the state’s highest court, ruled that same-sex couples do not have a constitutional right to marry. It said that the issue, however, could be taken up by the legislature.
Legislation that would allow same-sex couples to marry in New York State passed the Assembly in 2007 but the then-GOP controlled Senate refused to take up the bill.
The measure is expected to be reintroduced in the Assembly this year.
Gov. David Paterson (D) has said if a marriage equality bill came to his desk he would sign it.
The bill, however, is unlikely to be advanced in the Senate. State Senate Majority Leader Malcolm A. Smith (D) has said he does not have the votes.
This is why we need marriage quality. Without it, things like division of property cannot be done equally.
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The Law of United state of America is SCREW UP!!!! NY not allow same sex marriage, but, allow same sex divorce??
is it make sense??? Are we really pay same tax as anybody else, but, no equal right for marriage???
Our country is running backward.. I know WHY NOW!!!!!! One day, We all live in the third world country. Law is broken, Economic is broken, Human Right is broken, Civil Right broken. For us is Heart Broken.
Well, New York does RECOGNIZE same-sex marriage from other states. You can be married next door in Connecticut, Massachusetts or Canada, and your marriage is recognized by the state of New York, as well as by insurance agencies.
Recognize!! but, their own state doesn’t have Gay marriage, Right? so, why do they reognized for?? or NY just want to share 1/4 gay pie without fighting for anything. they should remove the statue of Liberty, because it really didn’t present anything except tourist trap…
>The Law of United state of America is SCREW UP!!!! NY not allow same sex marriage, but, allow same sex divorce??
is it make sense???
Guys, think back to your high school civics class. Many of our laws vary by state. The drinking age can differ. Age of consent laws differ. If you move to another state, your licenses may or may not transfer (for example, as an LICSW social worker, in many states, I’d have to take the tests again to get the equivalent license in that other state).
So, to answer your question, YEAH, it makes sense! Not all states have the same laws. The reciprocity laws of marriage are actually an exception to how state laws operate, not the rule.
These couple should be luck that NY gave them any recognition at all. It is the perfect example of how WE THE PEOPLE are forced to recognize GAY MARRIAGE even though IT IS AGAINST THE LAW. Here in Texas, you cant get married and you cant get divorced. WHY? because it is against the LAW and if its against the LAW , IT AIN’T RECOGNIZED. I always heard New Yorkers had balls, but they are kissin butt to a bunch of fairies
Irony:
Gay marriage is not recognised as valid in Newyork, cant get divorced if not married.
I wonder what Molly Fitzgeralds stance on gay marriage is, because by actioning the “divorce” she’s setting legal precedence and validity for the marriage, one small step for gay rights in NY?