Posted
on: May 25, 2012
Gay
marriage is without a doubt a heated topic of conversation across the country
these days. Between the recent remarks by President Obama and the decision by the
voters of North Carolina, the controversial issue has been plastered across the
front page for weeks now. It’s surprising then that the current controversy in
Ohio’s legal community involves the prospect of gay divorce.
Like
any other relationships, gay marriages can sometimes sour. Although gay
marriage is not recognized in the vast majority of states, courts across the
country are finding themselves forced to grapple with what to do when a legally
married gay couple no longer wants to remain together. The issue presented
itself very recently in Ohio when one judge decided to allow gay divorce in a
state that doesn’t recognize gay marriage.
The
two men, Jonathan Baize and Stephen Wissman, both from Columbus, Ohio, were
granted a divorce in mid-March by a judge in the Franklin County Domestic
Relations Court. Though gay divorce carries important, perhaps landmark,
implications for the state one attorney who was present at the hearing
described the proceeding as utterly “unremarkable.” No histrionics, just
paperwork.
The
men were married not long ago, on September 1, 2011, at a small ceremony in New
York. They then returned home to Ohio to resume their life but soon decided
that their marriage was not meant to last, a decision that might have important
implications for Ohio law. In 2004, voters in the state approved a
constitutional amendment that prohibited gay marriage. Backers of the 2004
amendment have argued that by authorizing a gay divorce, the Franklin County
judge tacitly acknowledged the validity of the gay marriage.
Supporters
of the judge turn to the language of the amendment and point out that current
state law refers only to homosexual marriage and is silent with regard to
same-sex divorce. The family court judge obviously agreed that the letter of
the law did not prohibit his decision and thus decided to dissolve the men’s
relationship.
While
this instance of gay divorce may be among the first of its kind, it certainly
won’t be the last time Ohio courts are forced to confront the issue. Legal
questions surrounding the status of same-sex couples abound and will only grow
more complicated as the gap between states that have approved gay marriage and
those that have outlawed it continues to grow.
If you find
yourself facing the prospect of divorce, it’s best to contact an experienced Ohio family law attorney who can help
guide you through the difficult process. Count on the expertise of Twinsburg
family law attorney Carol L. Gasper.
Source: “Married in New York, gay couple gets divorced in
Columbus,” by Alan
Johnson, published at Dispatch.com.
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