Saturday, May 19, 2012

Maryland courts: same sex divorce isn't repugnant, even if marriage is

Two weeks ago I reported on the Maryland court case about whether a same sex couple who got married in California could divorce in Maryland. Here's the news from the court's decision yesterday: Maryland’s high court allows same-sex divorce.

"Maryland’s highest court decided Friday that even though same-sex couples aren’t yet able to marry in the state, they do have the right to divorce.


"The Court of Appeals unanimously overturned the lower court, ruling that “a valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce.”

"The team of lawyers representing the women argued that Maryland has always recognized out-of-jurisdiction marriages — even in cases that are expressly illegal in the state, such as uncle-niece marriages. “We felt pretty confident that this case would be treated no differently,” Zavos said.

"The appellate court agreed, finding that the parties’ same-sex marriage is not “repugnant” to Maryland “public policy,” the bar it would have to reach for the couple to be legally turned away for a divorce. The seven judges didn’t miss the opportunity in the opinion to take a jab at the Maryland General Assembly, saying that to date, its treatment of same-sex relationships might “be characterized as a case of multiple personality disorder.”

"In March, Gov. Martin O’Malley (D) signed a bill legalizing same-sex marriage. The law is slated to take effect in January but faces a potential roadblock in November when a measure to repeal the legislation will appear on the ballot.

1 comment:

Louis C. Schneider, Esq. said...

Your blog post on same sex divorce is interesting. I had recent success with a gay married couple in Las Vegas being granted a divorce. Nevada has only six weeks of residency for divorce jurisdiction.