Rhode Island Divorce Tips

Atty Chris Pearsall

Authored By:  Christopher Pearsall, RI Divorce Attorney
a.k.a.  " The Rhode Island Divorce Coach ℠ "

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On May 2, 2013 at 6:50 p.m. Rhode Island's Governor Lincoln Chafee signed two bills legalizing same-sex marriage effective August 1, 2013 and allowing same-sex marriage partners who joined in civil unions to change their status to "married."

Rhode Island's Governor signed the bills after they passed the House by a vote of 56 to 15 and succeeded in the Senate by a vote of 26 to 12.[1]

Rhode Island Bishop Thomas Tobin said he was "profoundly disappointed" by the new law.  In a statement issued Friday, Roman Catholic Archbishop Salvatore Cordileone of San Francisco said marriage cannot be redefined because its meaning lies in "our very nature."  

"While those making great sacrifices to raise their children in less than ideal circumstances need and deserve our love and support," he said, "we cannot claim to have a just society if we do not look out for the most vulnerable among us - children. That means preserving in the law the principle that every child deserves a mother and father united in marriage."[2]

U.S. Sen. Sheldon Whitehouse is hailing Rhode Island's new law allowing same-sex couples to marry.

The Rhode Island Democrat said Thursday he is "proud of our state for taking this important step toward equality for all."

"I want to particularly congratulate Governor Chafee on a historic legislative victory. His staunch support -- along with the work of House Speaker Gordon Fox and his allies in the legislature and the grassroots efforts of the lesbian, gay, bisexual and transgendered community -- made this great day possible."

The senator said he is cosponsor of a bill that would repeal the federal Defense of Marriage Act, a law that allows states that do not recognize same-sex marriage to ignore ceremonies performed in other states.[3]

[1], [2], and [3]  See Projo.com

Excerpt Source:  MSNBC

A federal appeals court has ruled that the Defense of Marriage Act, a law that denies a host of federal benefits to same-sex married couples, is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston ruled Thursday that the act known as DoMA, which defines marriage as a union between a man and a woman, discriminates against gay couples.

The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004, and followed by Connecticut, New York, Iowa, New Hampshire, Vermont, Maryland, Washington state and the District of Columbia. Maryland and Washington’s laws are not yet in effect and may be subject to referendums.

The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.

The 1st Circuit said its ruling wouldn’t be enforced until the U.S. Supreme Court decides the case, meaning that same-sex married couples will not be eligible to receive the economic benefits denied by DOMA until the high court rules.

Attorney Paul Clement, who represented the House of Representatives in defending DOMA, told msnbc.com that no decisions on legal strategy have been made.

“But we have always been clear we expect this matter ultimately to be decided by the Supreme Court, and that has not changed,” he said.

Gay & Lesbian Advocates & Defenders, the Boston-based legal group that brought one of the lawsuits on behalf of gay married couples, said the court agreed with the couples that it is unconstitutional because it takes one group of legally married people and treats them as "a different class" by making them ineligible for benefits given to other married couples.

Read the article Portion of Defense of Marriage Act Declared Unconstitutional

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Washington (CNN) -- Maryland's highest court has ruled that a lesbian couple married out of state can legally file for divorce, even though Maryland's own same-sex marriage law does not take effect until next year.

The issue is whether states without legalized same-sex marriage can recognize gay or lesbian weddings outside their borders. The appeal involved a Prince George's County couple, Jessica Port and Virginia Anne Cowan.

"Maryland courts will withhold recognition of a valid foreign marriage only if that marriage is 'repugnant' to state public policy. This threshold, a high bar, has not been met yet," the seven state Court of Appeals justices said in their 21-page opinion. "The present case will be treated no differently. "

The couple were married in a 2008 civil ceremony in San Francisco, during a short window when California recognized same-sex marriage.

A voter referendum in California later outlawed same-sex marriage, but a federal appeals court recently ruled against that ban. It said such a ban was unconstitutional and singled out gays and lesbians for discrimination. The case appears to be headed to the U.S. Supreme Court.

The couple, who did not have children, settled in suburban Washington. They eventually separated and filed for divorce in Maryland when their relationship went sour, their attorneys have said.

But a Maryland judge denied the couple's filing, ruling in 2010 that the divorce could not be recognized under the current state constitution.

The "same sex marriage in which parties hereto participated is not valid pursuant to Maryland law," the judge said. "To recognize the alleged marriage would be contrary to public policy of Maryland."

Port and Cowan appealed, and the justices unanimously ordered the county court to grant the divorce, saying that "a valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce."

Gay rights group praised the ruling.

"There are many same-sex spouses who married elsewhere who now live in Maryland," said National Center for Lesbian Rights Legal Director Shannon Minter. "This ruling ensures that they have all the same rights as any other married couple in Maryland. This is a powerful decision that will provide enormous security and protection to thousands of families."

Susan Sommer, director of constitutional litigation at Lambda Legal, said, "The high court of Maryland confirmed today in this divorce case that out-of-state marriages of same-sex couples are entitled to legal recognition under longstanding principles of comity, allowing this couple the same access to a divorce as other married couples whose relationships have ended."

While the case highlights state differences in the recognition of same-sex marriages, analysts have said it will probably have little influence outside Maryland because federal law allows states to ignore how other states define marriage.

"This is simply going to be a case about the Maryland state constitution," said Mark A. Graber, a law professor at the University of Maryland School of Law.

Gay rights activists say the matter often leaves same-sex couples in legal limbo when moving between states, claiming that Maryland state courts have also inconsistently ruled on issues relating to same-sex marriages.

"Divorce is never easy, but when a couple has made the decision to end their marriage, there is no reason why the state should prevent them from ending their legal relationship and moving on with their lives," said Erik Olvera, a spokesman for the National Center for Lesbian Rights.

Maryland Gov. Martin O'Malley signed into law a bill that allowed same-sex couples to wed. The law, however, isn't scheduled to take effect until January 1.

The measure's opponents have pledged to challenge it by holding a referendum during November's election.

The Maryland Marriage Alliance group says it's gathered thousands of signatures and is approaching the threshold required to put the issue on the ballot, adding further uncertainty to the Port and Cowan case.

"If anything, it shows the nuttiness of the interim period," Graber said of the unclear nature of Maryland state law in apparent transition.

A recent public opinion poll conducted by Annapolis-based firm OpinionWorks found that a slight majority of residents would vote for repealing the new law.

Of those responding, 43% "would vote to make same-sex marriage illegal in Maryland, while 40% would vote to make it legal," the poll said. The poll had a sampling error of plus or minus 4%.

"Although this result is within the poll's margin of error, it is the intensity of feeling among same-sex marriage opponents that causes the overall result to lean slightly towards repeal," said Steve Raabe, OpinionWorks president.

Currently, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York and the District of Columbia issue marriage licenses to same-sex couples.

In February, Washington Gov. Christine Gregoire signed a bill into law that legalizes same-sex marriage, but it does not take effect until June. Opponents there have pledged to block the bill, also calling for a referendum.

Five states -- Delaware, Hawaii, Illinois, New Jersey and Rhode Island -- allow civil unions that provide rights similar to marriage.

North Carolina residents voted this month to outlaw same-sex marriage, which was already prohibited in the state.

A 1996 federal law known as the Defense of Marriage Act would not force states to recognize same-sex marriages allowed in other states. That law -- now being challenged in federal court -- was not the case in the current dispute, the Maryland high court said.

"Some states have elected not to recognize valid foreign same-sex marriages for purposes of domestic divorce proceedings," the court said. "Those states, unlike Maryland, expressed clear public policies."

CNN Legal Affairs Producer Bill Mears contributed to this report.

(Disclaimer:  This literary work/article is the property of the named author and/or publication.  This website nor it's authors or publishers claim an portion of this work as their own.  It is used, in part, under fair use standands as a matter of public interest and full faith and credit is given to the actual owners and authors.  The reprinting of the portion of this article is not meant to reflect and/or represent the views of the owners or authors of this website. Neither Christopher A. Pearsall nor any websites or companies owned by him claim any legal, right, title or interest to this literary work. Full Credit is given to the actual authors and owners.)

A House committee in Rhode Island will consider several bills related to same-sex unions, marriage, and divorce on Wednesday:

– One proposal would allow same-sex marriage in Rhode Island, recognize previously performed civil unions as marriages, and recognize unions and marriages performed in other jurisdictions as marriages.

– A second measure would allow divorce in Rhode Island for couples legally married elsewhere.

– A third bill would repeal the controversial amendment attached to last year’s civil unions bill that allows for certain organizations to use religion as an excuse to refuse services to couples who have a civil union.

The state does not currently recognize same-sex marriages, but does allow for civil unions. Couples are shunning that law’s broad religious exemption, however, which allows organizations to ignore their relationships and are traveling to neighboring states for full marriage equality. Still, marriage law in the state remains muddled.

In 2007, Attorney General Patrick Lynch released a legal opinion stating that the state did not explicitly prohibit same-sex marriage and should recognize gay unions performed in other states. That same year, the Rhode Island Supreme Court ruled that a same-sex couple could not divorce in the state.

Full Credit for this Article is Attributed to:  ThinkProgress.Org