An April 15, 2008, Associated Press story reads “Some gay ouples are having trouble obtaining divorces.”

According to the article, the problem stems from the fact that only one State in the Union, Massachusetts, permits “same-sex marriage” and therefore other states do not have legal procedures to cover “same-sex divorces.”

Same-sex couples can form civil unions in Vermont, Connecticut, New Jersey, and New Hampshire. They can enter into domestic partnerships or receive similar benefits in California, Oregon, Maine, Washington, Hawaii, and the District of Columbia, but they can only get “married” in Massachusetts. So wouldn’t it follow logically, that they could only get divorced in Massachusetts?

Not according to judges in several states that are dealing with this issue. One of these cases is here in New York. A lesbian couple went to Canada to be married a few years ago, and then returned to New York. Now both members of the union want out. One partner claims that since the marriage was not legal in New York, the Court cannot hear a petition for divorce. The other partner reasons that because the marriage was legal in Canada and marriages performed in other jurisdictions are currently recognized by the State of New York, that the New York Court should hear their divorce case. A Supreme Court Judge agreed with the latter and the divorce case is moving forward.

What a mess! New York needs to pass a Defense of Marriage Act and the US Congress needs to pass a federal marriage protection amendment. Until they do, we will continue to wallow in this legal quagmire.