In what appears to be the first ruling of its kind, a New York judge will allow a lesbian couple who married in Canada to sue for divorce.
Though New York does not allow same-sex marriages, a state trial court judge refused to dismiss a divorce and child custody suit brought by a woman, identified only as Beth R., against her former partner Donna M.
Donna M. had argued that her 2004 marriage should be invalid in New York because the state doesn’t allow same-sex marriage, but Supreme Court Justice Laura Drager found that the out-of-state marriage could still be recognized under New York law. Her ruling appears to be the first divorce case in New York from a same-sex marriage.
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New York is one of the few states that does not address same-sex marriages. At least 41 states have laws defining marriage as between a man and a woman, according to the National Conference of State Legislatures; those laws allow states to reject same-sex marriages from other states. In December, the Rhode Island Supreme Court ruled that the state’s family courts can’t grant divorces to same-sex couples.
I’ve just had an epiphany about how to solve the gay marriage issue. I present the following compromise: Make gay marriage legal. But not gay divorce. That ought to take care of the marriage part. Especially given this trend:
Same-sex marriage was undemocratically passed into law in Canada in June 2005. The then Liberal government, aided by the secular media, argued that same-sex marriage was necessary on the basis of “equality” for homosexuals who were supposedly experiencing painful discrimination because they could not enter into legal recognized marriages with their same-sex partners. This, it turns out, was a lie.
Certainly many homosexuals themselves made clear at that time that same-sex marriage was not a concern in their community. For example, Gareth Kirkby, then managing editor of the homosexual newspaper, Xtra West, stated back on September 6, 2001, that:
“…In our culture, we haven’t created the same hierarchy as has heterosexual culture…We know that a 30-year relationship is not better, no better, than a nine-week, or nine-minute, fling — it’s different, but not better. Both have value. We know that the instant intimacy involved in that perfect 20-minute [sic]…in Stanley Park can be a profoundly beautiful thing. We know a two-year relationship where people live apart is as beautiful, absolutely as beautiful, as a 30-year relationship where people live together. We know that the people involved in an open relationship can love each other as deeply as the people in a closed relationship…”
Mitchel Raphael, Editor-in-Chief of the Toronto-based homosexual magazine, “Fab” stated in an editorial in the May 5, 2005 issue:
“The gay marriage movement in Canada has been spearheaded by a handful of lawyers and a few homo activists who most queers couldn’t name if their lives depended on it…For a multiplicity of reasons — queer apathy, for one — there has been no mass gay movement supporting same-sex marriage here in Canada.”
Yet, Liberals working in close collaboration with the homosexual lobby group, EGALE, assisted by a compliant media, pushed through the same-sex marriage bill despite the views of the public as well as of the homosexual community itself.
Those who opposed same-sex marriage for very valid reasons could not get a word in the media or in Parliament where very little dissent was permitted. Those who objected to same-sex marriage were curtly dismissed as bigoted reactionaries willfully discriminating against deserving and decent same-sex couples who only wanted to publicly pledge and commit their love.
It turns out, however, according to recently released statistics, that pledging their love by legal marriage is not high on the agenda for homosexuals. Recently released federal figures from Statistics Canada indicate that less then 5% of homosexual Canadians have bothered to marry since same-sex marriage was legalized in 2005.
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As usual, the ever prescient Gareth Kirkby of Capital Xtra makes clear how the work for same-sex marriage was a total waste of time and money. In an editorial in the October 18, 2007 issue of the newspaper he sums up the same-sex marriage issue as follows:
“…The headlines that claimed we were flocking to city hall and churches to get the deed done as courts legalized same-sex marriage province after province. And again, similar headlines as the lobbyists claimed we were rushing to say our vows out of fear that Stephen Harper would reverse federal legislation allowing marriages nationwide. EGALE claimed last October that 10,000 couples had married. It was a lie. Very few among us are eager to embrace marriage rights…
“Didn’t we just spend a decade and by some estimates $2 million to wage this fight? Didn’t we just put all our other major issues virtually on ice because some couples, a few lawyers and a couple of out-of-touch lobby groups decided that same-sex marriage was the only thing that really mattered…
“Marriage is a heterosexual institution designed by the church, endorsed by the state, with the intention of controlling the sexuality of women and by extension, their husbands. [Sic]…”
“I don’t expect the wedding rate will pick up. We have something better in our relationships, something that allows for a variety of friendships, f… buddies, lovers, sisters and exes. We don’t put all the pressures on one person …”
“We don’t need the limitations of marriage. So we’re taking a pass. But what a waste of time and money, and a tragic diversion of focus, in that decade-long fight. Let’s move on to more important work.”
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