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Next US legal challenge: issues surrounding same-sex divorce

July 04, 2011

With same-sex marriage now legally recognized in New York, lawyers are turning to the question of same-sex divorce.

Laws regarding divorce, in New York and other states, are frequently based on the presumption that the marriages are male-female unions. Moreover, since most states do not recognize same-sex marriage, the status of homosexual couples who marry in another state, and then seek divorce, is now uncertain. The US legal system will be forced to adapt to a new set of thorny questions.

A New York Times analysis of the issue carries a quotation from a family-life expert whose view neatly sums up the profound confusion of the American judicial system on the issue of marriage. “The right to obtain a legal divorce is one of the most important, if least recognized, rights of marriage,” says Allen Drexel.


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  • Posted by: rpp - Jul. 04, 2011 8:56 PM ET USA

    This is easy, if couples of the same sex cannot be married in a state, then they cannot get a divorce. If same-sex "civil unions" are permitted in one state, but a same-sex couple is "married". still no dice; they are not in a legally recognized marriage. Ultimately, this will land in the US Supreme Court; which is the intent of the sexual deviants pushing this.