June 8, 2011
US state recognises gay divorce (but not gay marriage)
The Supreme Court of Wyoming has ruled that a lesbian couple may file for divorce in spite of the state’s continuing ban on same-sex marriage.
The unanimous decision overturned the ruling of district judge, who stated that Paula Christiansen and Victoria Lee Christiansen could not divorce because Wyoming does not recognise same-sex marriage. The couple were legally wed in Canada in 2008.
Justice Michael Golden insisted that the Supreme Court’s ruling would have no direct impact on marriage laws in the state.
“Nothing in this opinion should be taken as applying to the recognition of same-sex marriages legally solemnized in a foreign jurisdiction in any context other than divorce,” he wrote. “The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day.”
However, some LGBT advocates suggested that the move may have positive long-term consequences. “We think it’s a step in the right direction, albeit a baby step,” said Jeran Artery of Cheyenne, a board member for Wyoming Equality. “This is a very narrow decision.”
Last year the Wyoming legislature voted down a proposed amendment to the state’s constitution that would have banned any recognition of same-sex marriage. WyWatch, a conservative lobby group, says that it will push for a referendum on the issue.
In two other recent cases, courts in Texas and Vermont refused to grant divorces to lesbian couples.
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