For a while we have been fielding frequent inquiries from gay and lesbian couples who have been married in Canada but live in the States wondering how they can get a divorce. The problem is that, to get a divorce in Canada one of the spouses must reside here. But to get divorced in the US the marriage must first be recognized. Until recently that meant that vows made in Canada by same-sex partners to remain together “until death do us part” had to be taken literally.
However, recently a justice of the New York Supreme Court ruled that under state law the marriage of two women which took place in Canada could be recognized in New York for the purposes of allowing them to obtain a divorce.
As far as I know this is the first and only instance where a US court has recognized a same-sex Canadian marriage. Those in similar circumstances who reside in one of the other US states may still find themselves in a legal limbo but, if the New York decision establishes a precedent, that may not last much longer.
An interesting question will be whether it turns out that the right to divorce will precede and even help bring about the legalization of same-sex marriages in the States by acclimatizing people to the concept.
Another interesting aspect of this case is that the court held that New York law recognizes any marriage which is valid in the jurisdiction in which it takes place with two exceptions. The first would be situations which are specifically prohibited by legislation. The second would be situations which are said to offend natural law such as polygamy and incest.
One can make a strong case against incest on both genetic and psychological grounds as offensive to “natural law”. But surely if social taboos have broken down to the point where same-sex marriage is inoffensive then why not polygamy as well?
For further reading on this subject see:
- LESBIAN COUPLE MARRIED IN CANADA CAN DIVORCE IN NEW YORK
- Appeals Court Recognizes Canadian Gay Marriage
- Same-Sex Divorce in New York
- UNLIKE RI, NEW YORK COURT ALLOWS GAY DIVORCE
- NY Court Allows Same-Sex Divorce to Proceed