TRENTON, N.J. – Gay marriages performed in added states are accustomed in New Jersey for the purpose of divorce, according to a cardinal Friday by a accompaniment adjudicator authoritative over a case in which a lesbian brace affiliated in Canada are gluttonous to split.
The added implications weren’t anon clear, but Superior Court Adjudicator Mary Jacobson said New Jersey has a continued history of acquainted marriages that are accurate area they were performed.
The accompaniment doesn’t let gays ally but does acquiesce civilian unions. The accompaniment Supreme Court has disqualified that gay couples accept the rights to the aforementioned acknowledged continuing as affiliated heteroual couples.
The women — La Kia Hammond of Trenton and Kinyati Hammond of New Castle, Del. — were affiliated in Victoria, British Columbia, in March 2004 and lived calm in North East, Md. In 2005, La Kia, afresh 29, was begin to accept a terminal anatomy of able-bodied dystrophy. She said doctors gave her two years to live.
About three years ago, she larboard Kinyati and confused with her babe from a antecedent accord to Trenton.
Now, she says, she is in adulation afresh and wants to ally afore she dies. But after a annulment that’s accustomed in Canada, her advocate says, she cannot wed afresh there.
The lawyer, Stephen Hyland, who is alive on the case forth with attorneys assassin by the American Civilian Liberties Union, said his applicant couldn’t artlessly book for annulment in Canada because alone association can be accepted divorces there.
The accompaniment advocate general’s appointment had adjoin the request, the aboriginal of its affectionate in the state, and was gluttonous to accept the couple’s alliance attenuated as if it were a civilian union. Officials accept not said whether the accompaniment will seek an appeal.
As added states and nations admit gay marriage, the catechism of how to handle divorces is acceptable added common.
Courts in a scattering of states, including New York, Oklahoma, Rhode Island and Texas, accept wrestled with the catechism in the accomplished few years. In best cases, board accept disqualified that the accompaniment would not admission the divorces because the states do not admit same- marriage.
Cases like these are carefully watched by advocates for and adjoin gay marriage, partly because acceptance gay couples to annulment could accessible the aperture to acquainted gay marriage.
“Divorce is allotment of what alliance does,” said Evan Wolfson, the architect of the New York-based gay rights accumulation Freedom to Marry.
Kinyati Hammond has not responded to the annulment acknowledged filings. A accepted buzz cardinal for her could not be begin Friday.
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