TEXAS: State Supreme Court Upholds The Divorce Of Same-Sex Couple

Via the Associated Press:

The Texas Supreme Court effectively upheld the Austin divorce of a same-sex couple Friday, turning away Republican Gov. Greg Abbott and arguments that the state can't dissolve a marriage it didn't recognize in the first place. The court, which is entirely stocked with elected Republicans, ruled in a 5-3 decision that the state lacked standing to intervene in the divorce of Angelique Naylor and Sabina Daly, who were married in Massachusetts in 2004. Declining to overturn the 2010 divorce has no impact on Texas' ban on gay marriage. But the ruling comes ahead of a U.S. Supreme Court decision that is expected any day now on whether same-sex marriage should be legal. The Texas court largely sidestepped those bigger issues at play, and instead ruled that the state lost because it waited too long to intervene.

Gov. Greg Abbott has issued a statement: "The Court mistakenly relied on a technicality to allow this divorce to proceed. Importantly, the Supreme Court did not address the Texas Constitution's definition of marriage — and marriage in Texas remains an institution between one man and one woman."

MISSISSIPPI: State Supreme Court Says Marriage Should Not Wait For SCOTUS

From the Associated Press:

Two Mississippi Supreme Court justices say the court should find the state's ban on same-sex marriage unconstitutional and not wait for a gay marriage ruling from the U.S. Supreme Court. Thursday's 26-page statement, written by Justice Leslie D. King and joined by Justice James Kitchens, was attached to an order by a six-member court majority. The order seeks more briefs on the question of whether a same-sex couple legally married in another jurisdiction can get a divorce in Mississippi. Justice David Chandler objected to more briefs, saying there is no need to delay a ruling that the divorce cannot be granted under Mississippi's constitution. King agreed there should be no delay, but he and Kitchens said the same-sex marriage ban should be struck down and the divorce should proceed.

(Tipped by JMG reader Lulu)

VIDEO: Mississippi Supreme Court Hears Arguments In Gay Divorce Case

Almost right off the bat one of the justices wonders if the coming SCOTUS ruling won't render the case "futile." A the 16:00 mark, the plaintiff's attorney introduces his client, noting that she's an Ole Miss graduate with a son "who is headed off to boot camp to serve his country."  The lawyer adds, "That's who we're talking about here. That's who is trapped in a marriage she doesn't want to be in."  We don't often get video of these state-level cases, so you may find this interesting.

(Tipped by JMG reader Lulu)

Marriage Cases In Flux Due To SCOTUS

Marriage equality cases in several states have seen some action since Friday's decision by the Supreme Court to hear the cases out of the Sixth Circuit Court.

North Dakota: Yesterday a federal judge put that case on indefinite hold pending the final ruling from SCOTUS. There had been no action on that case since September.

Georgia: Also yesterday the state asked that its case be suspended until SCOTUS rules. The plaintiffs have not yet filed a response to that demand.

Missouri: The state today asked the Eighth Circuit Court to put their appeal on hold until SCOTUS rules. The ACLU has already filed its opposition to that request unless the Eighth Circuit lifts its stay first. Same-sex marriage remains legal in St. Louis and is recognized statewide.

Ten days ago the Fifth Circuit Court heard oral arguments in the cases out of Texas, Louisiana, and Mississippi. Some believe that the Fifth Circuit will wait until SCOTUS rules, others say that a decision could still come at any time.

RELATED: The Mississippi Supreme Court is hearing arguments today in a gay divorce case. It's not known if that ruling could come before SCOTUS decides on its cases.

KENTUCKY: Judge Grants Gay Divorce

Via the Louisville Courier-Journal:

Despite a Kentucky law that bars the recognition of gay marriages performed where they are legal, a Jefferson Family Court judge has granted the state's first same-sex divorce. In the first ruling of its kind in Kentucky, Judge Joseph O'Reilly permitted the divorce of two Louisville women who were legally married in Massachusetts. Though state law says gay marriages performed elsewhere are void in Kentucky, O'Reilly said that barring same-sex couples to divorce here violates the state constitutional guarantee that all people should be treated as equals. In an eight-page opinion dissolving the marriage of Alysha Romero and Rebecca Sue Romero, O'Reilly also noted that Kentucky divorce law requires that it be "liberally construed" to promote "amicable settlements" of disputes between spouses. Alysha Romero said in an interview that she was pleased she and her ex-spouse would not have to spend the time and money to return to Massachusetts, where they were wed, to end their marriage.

According to the above-linked report, the state did not attempt to block the divorce. A spokesperson for Gov. Steve Beshear declined to comment. Kentucky's ban on same-sex marriage is among the four appeals out of the Sixth Circuit currently before SCOTUS for consideration.

STUDY: Gays Less Likely To Divorce

Via Pink News:

Same-sex couples are more likely to have stable, long-lasting relationships than straight couples, according to a new study. Statistical research conducted by the Williams Institute at the University of California looked at data on the break-up of same-sex marriages and partnerships in New Hampshire, Vermont, California, DC, New Jersey, Washington and Wisconsin. The data showed that in New Hampshire and Vermont, 5.4% and 3.6% of marriages were terminated across the first four years of marriage equality. While these numbers seems high, it corresponds to an annual relationship termination rate of 1.1% – which is just over half the comparable mixed-sex divorce rate of 2%.

The study notes that in states that had already legalized same-sex marriage, the rate of gay nuptials increased after the demise of DOMA.

UPDATE: JMG reader Chris notes that the Washington Post has an issue with the study's methodology.

FLORIDA: Judge Grants First Gay Divorce

Via the Associated Press:

The first formal divorce for a gay couple in Florida has been granted by a county judge who also declared the state's ban on same-sex marriage unconstitutional. Circuit Judge Dale Cohen on Wednesday dissolved the marriage of Heather Brassner and Megan Lade. They were united in a 2002 civil union in Vermont. Cohen had ruled in August that Florida's gay marriage ban is unconstitutional and that out-of-state gay marriages should be recognized. Brassner attorney Nancy Brodzki said it was Florida's first gay divorce. Brodzki says she expects Attorney General Pam Bondi to appeal the decision, just as she has several other rulings against the gay marriage ban. There was no immediate reaction from Bondi's office.

(Tipped by JMG reader Lulu)

OHIO: Judge Mistakenly OK's Gay Divorce

Via the Columbus Dispatch:

An Athens County judge approved the county’s first same-sex divorce last week, but not intentionally. Athens County Common Pleas Judge George McCarthy, who approved the divorce on Nov. 25, said the next day that he was unaware that both parties were women when he signed the judgment. “Ohio goes through great pains to make things gender-neutral (in documents),” he said. This week, he said he plans to hold a hearing in the next few weeks so the two women have a chance to tell their story and he can offer his reasoning for why he likely will vacate his ruling on their divorce. He cited a federal appeals court decision last month that upheld Ohio’s statewide ban on same-sex marriage. McCarthy said that decision likely invalidated his judgment to grant a divorce to the former couple.

(Tipped by JMG reader Delmer)

MISSISSIPPI: State Supreme Court To Hear Same-Sex Divorce Case

Via the Associated Press:

The Mississippi Supreme Court will hear arguments Jan. 21 from a woman who wants the state to recognize her same-sex marriage in order to grant a divorce. In 2013, DeSoto County Chancery Judge Mitchell Lundy Jr. ruled that the Mississippi Constitution and statutes prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon. They married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. They could divorce in California, but Czekala-Chatham says they shouldn't be treated differently than straight couples. They have agreed on a division of property. Czekala-Chatham is pressing ahead with the legal challenge of Mississippi's stance on same-sex marriage, hoping to set a precedent for same-sex couples whose parting might be less amicable. But the Mississippi attorney general's office argues in briefs that the state's traditional marriage laws defining and recognizing marriage as the union between one man and one woman are not unconstitutional. The attorney general said Mississippi is not required to recognize California same-sex marriage for purposes of granting Czekala-Chatham a divorce.

It's possible that the case will be made moot by the any-day-now ruling in a separate case to overturn Mississippi's marriage ban. However that ruling, should it go our way, will likely be stayed pending an appeal to the Fifth Circuit Court.

MISSISSIPPI: Gov Uses Hate Group To Intervene In Gay Divorce Case

Represented by Alliance Defending Freedom, Mississippi Gov. Phil Bryant has filed to intervene in a same-sex divorce case before the state Supreme Court.

The high court said Monday that it would hear the case instead of assigning it to the Court of Appeals. Tuesday, justices approved Bryant's motion to intervene. It's unclear if the court will hear oral arguments or when it might rule. In 2013, DeSoto County Chancery Judge Mitchell Lundy Jr. ruled that the Mississippi Constitution and statutes prevented him from granting a divorce to Lauren Czekala-Chatham and Dana Ann Melancon. The women married in San Francisco in 2008 and bought a house in Mississippi before separating in 2010. They could divorce in California, but Czekala-Chatham says she shouldn't be treated differently than straight couples. Melancon objected to the divorce but later agreed to a binding settlement splitting the couple's property even though the divorce was denied. It's possible the state high court could await guidance from the U.S. Supreme Court. Wesley Hisaw, Czekala-Chatham's lawyer, told The Associated Press Wednesday that the nation's high court may agree to hear Utah's appeal of a ruling striking down that state's ban on gay marriage.

FLORIDA: State Supreme Court Sends Gay Divorce Case Back To Lower Court

Here's the decision.

The high court said Friday the 2nd District Court of Appeal first should rule on the case, in which a lesbian couple married in Massachusetts and is now seeking a divorce in Florida. A lower court judge ruled that the couple couldn't get divorced in Florida because the state's constitution doesn't recognize gay marriage. Before considering the case, the appeals court in a 10-3 decision asked the Supreme Court to settle the question about the gay marriage ban. The Supreme Court, however, agreed with three dissenting judges who said the issue wasn't of such high importance that it had to go straight to the state's top court.

Bishop Gene Robinson To Divorce

"Recently, my partner and husband of 25-plus years and I decided to get divorced. While the details of our situation will remain appropriately private, I am seeking to be as open and honest in the midst of this decision as I have been in other dramatic moments of my life—coming out in 1986, falling in love, and accepting the challenge of becoming Christendom’s first openly gay priest to be elected a Bishop in the historic succession of bishops stretching back to the apostles. As my marriage to Mark ends, I believe him to be one of the kindest, most generous and loyal human beings on earth. There is no way I could ever repay the debt I owe him for his standing by me through the challenges of the last decade. I will be forever grateful to him, and as I tell couples in pre-marital counseling, 'Marriage is forever, and your relationship will endure—whether positively or negatively—even if the marriage formally ends.'" - Episcopalian Bishop Gene Robinson, writing for the Daily Beast.

The Guardian reports on Robinson's impact on his church.

Between 1972 and 1986 Robinson was married to Isabella McDaniel, with whom he has two daughters. McDaniel supported his 2003 election as bishop of New Hampshire, which, caused conservative Episcopalians in the US to break away and was the subject of intense debate in the worldwide Anglican church. During his consecration, having received death threats and having been the subject of a smear campaign, Robinson and Andrew wore bulletproof vests. In 2006 he was treated for problems with alcohol. In 2009 Robinson was invited to speak at the inauguration of President Barack Obama; after his retirement he joined a think thank, Center for American Progress, with close ties to the administration. In 2010, announcing his retirement, Robinson told his New Hampshire diocese: “Death threats, and the now-worldwide controversy surrounding your election of me as bishop, have been a constant strain, not just on me, but on my beloved husband, Mark, who has faithfully stood with me every minute of the last seven years, and in some ways, you.” On the eve of his consecration, Robinson's hometown newspaper, Kentucky's Lexington Herald-Leader, called him: "The most controversial Anglican leader since Henry VIII."

TEXAS: State Judge Rules Ban On Gay Marriage And Divorce Is Unconstitutional

In late February, a federal judge ruled that Texas' ban on same-sex marriage is unconstitutional and stayed his ruling pending appeal. A state judge has now ruled likewise, paving the way for a San Antonio couple to proceed with their divorce and child custody case.

The latest ruling comes in response to a same-sex divorce lawsuit that was filed in Bexar County in February by Allison Leona Flood Lesh and Kristi Lyn Lesh, who were married in Washington, D.C., in August 2010. Kristi Lesh became pregnant through artificial insemination during the marriage and gave birth Feb. 19, 2013. Her attorney argued that because Allison Flood Lesh isn't the biological or adoptive parent, Kristi Lesh should retain sole custody. Allison Flood Lesh is seeking to split custody of the child. Because Texas doesn't recognize same-sex marriages, there's also no legal avenue available to pursue a divorce. In a separate case involving couples from Austin and Dallas, attorney James J. "Jody" Scheske argued before the state Supreme Court in November that same-sex divorces should be allowed. The court has yet to issue a ruling.

Texas Attorney General and 2014 gubernatorial candidate Greg Abbott is appealing the February ruling to the Fifth Circuit Court.

NEBRASKA: Gay Divorce Appeal Filed

A Nebraska lesbian who five years ago married her partner in Iowa, has filed an appeal to the state Supreme Court, asking that the state grant her a divorce. A lower court last year ruled against her request and a broad ruling from the state Supreme Court could pave the way for marriage equality.

Before they tied the knot, Margie and Bonnie Nichols had lived in the same home for more than a decade. They exchanged rings in a 1996 civil union and brought a child into the world together in 2003, according to court documents. But like so many romantic partnerships, it didn’t last. While they no longer live together, their marriage remains. Lancaster County District Judge Stephanie Stacy in August dismissed their divorce case, rejecting arguments that the court could grant the divorce without recognizing the marriage. “A finding that the marriage is irretrievably broken — by its very nature — cannot be made without recognizing the marriage itself, and it stretches logic and common sense to conclude otherwise,” Stacy wrote in her order. The case currently is before the state Court of Appeals, but Bonnie Nichols’ attorney, Megan Mikolajczyk of Omaha-based Domina Law Group, has petitioned to get it kicked up to the state Supreme Court.

Yesterday the ACLU of Nebraska filed a brief in support of the appeal, which is being apposed by the state attorney general. The HRC writes today via press release: "There were previously six states without marriage-related lawsuits… but with the new case filed in Nebraska yesterday, we’re down to five: Georgia, Montana, North Dakota, South Dakota, and Alaska. Any bets on who’s next?"

Make It Stop

If you can bear it.

MISSISSIPPI: Court Refuses To Grant Divorce To Lesbian Couple

Via the Associated Press:

A Mississippi judge on Monday refused to grant a divorce to a lesbian couple who got married in California, saying the marriage wasn't recognized under state law, according to the woman who filed and her lawyer. Lauren Beth Czekala-Chatham, who filed for the divorce in September in north Mississippi's DeSoto County, said in a telephone interview Monday that the judge seemed sympathetic and that she plans to appeal the ruling. Czekala-Chatham, a 51-year-old credit analyst and mother of two teenage sons from an earlier straight marriage, said she was "a little bit disappointed." "I would have liked to have had the divorce, but either way he ruled, it was going to be appealed," she said.

The divorce request was opposed by Mississippi's state attorney general, a Democrat. Right-to-divorce cases are pending in other states.

KENTUCKY: Gay Divorce Attempted

A Kentucky lesbian couple who married in Massachusetts in 2009 has filed for divorce in their home state. The case may end up before the Kentucky Supreme Court where a ruling could overturn the state's constitutional ban on same-sex marriage.

I have a career here, a life here, and I think I should have the same right as a heterosexual to divorce here,” said Alysha Romero, 29, an administrative assistant in the University of Louisville’s radiology department. But both opponents and supporters of gay marriage — including [Romero's lawyer Louis] Waterman — say the court will have no choice but to dismiss the petition because Kentucky’s marriage amendment bans not only gay marriage, but the recognition of such marriages performed elsewhere as well. Waterman said he intends to appeal the likely dismissal and then ask the Kentucky Supreme Court to throw out the marriage amendment on the grounds that it violates equal protection of law guaranteed under the U.S. Constitution.

RELATED: The Texas Supreme Court on Tuesday will hear the cases of two gay couples who have been denied divorces there. (Tipped by JMG reader Kevin)

Quote Of The Day - Lady Tina Stowell

"As the law stands, if I was married to George Clooney and he was to have a sexual affair with, say, the noble Baroness, Lady Thornton, that would be adultery. If I was married to George Clooney and Mr Clooney had sexual relations with the noble Lord, Lord Alli, that would not be adultery because he would not be able to do the sexual act which is very specifically defined in law. Should I wish to divorce Mr Clooney on those grounds, I would do so on the grounds of unreasonable behaviour. In future, if the noble Lord, Lord Alli, was to marry Mr Clooney, and Mr Clooney was to have an affair with me—and who would blame him in those circumstances?—that would be adultery and the noble Lord, Lord Alli, should he choose to, would be able to divorce Mr Clooney on those grounds." - Marriage equality supporter Lady Tina Stowell, speaking yesterday during the House Of Lords debate on the rules of gay divorce.

NOTE: Gay Star News points out that Lord Alli is openly gay. Things aren't totally stuffy in the House Of Lords.

Viral Today On Facebook

Israel Sees First Gay Divorce

Same-sex marriage is not legal in Israel, but this week a civil court ended the marriage of a gay couple that had wed in Canada.  Legal experts are flummoxed over what this might portend.  Via Daily Beast:

This week, when a family court near Tel Aviv dissolved the marriage of Uzi Even and Amit Kama, they granted Israel's first gay divorce and, effectively, its first civil divorce as well. And to that, we should all say mazel tov! The gay community cheered the decision as a major step for gay rights, but the ruling may also have implications for the broader cause of civil marriage and, by extension, the unresolved issue of the separation of religion and state in Israel. [snip] So the triumph of this week's ruling was side-stepping the Rabbinate altogether and getting the civil courts to settle the issue.

Practically speaking, this means that gay divorce has preceded gay marriage in Israel, which is kind of comically ironic. The question now is whether this case can be applied to matters of marriage for all couples, regardless of religion or sexuality. Now that a precedent has been set, some legal experts are saying, it may open the door for a heterosexual couple to do the same. And once civil divorce has been achieved, as backwards as it seems, then maybe civil marriage will follow.

The above-linked story notes that the divorce might be vetoed by the Interior Ministry.