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Wrap your head around this: A Red-State Judge is forcing a Gay couple to stay married...

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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 02:42 PM
Original message
Wrap your head around this: A Red-State Judge is forcing a Gay couple to stay married...
from WRTV, Indianapolis:

An Indiana judge has turned down a divorce request from two women married in Canada, ruling that state law doesn't give courts the authority to dissolve same-sex marriages.

Larissa Chism and Tara Ranzy lived in Pennsylvania at the time of their 2005 marriage but have since moved to South Bend.

...snip...

A Marion County court held a hearing on the case after an employee noticed the petition bore two women's names.

Marion Superior Court Commissioner Jeffrey Marchal wrote in a Sept. 4 order that it would be illogical for the state to permit same-sex divorce since it has chosen to prohibit such marriages.
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Kalyke Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 02:45 PM
Response to Original message
1. Indiana's a blue state, now.
Kind of blows holes in this whole red state/blue state crap DUers bitch about constantly.

There are red areas in every state (rural) and blue areas in every state (urban). Some states have more rural and others more urban, which tips the scales one way or the other.
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el_bryanto Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:02 PM
Response to Reply #1
5. Yeah but we can still hate the South right?
I mean i think that's the most important part.

Bryant
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sentelle Donating Member (659 posts) Send PM | Profile | Ignore Mon Sep-21-09 02:45 PM
Response to Original message
2. well after all,
Defense of marriage is about..... staying married, right?

So why then are only gay people forced to stay married?
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NCDem60 Donating Member (228 posts) Send PM | Profile | Ignore Mon Sep-21-09 03:00 PM
Response to Original message
3. Classic catch 22
Since the state of Indiana does not recognize same sex marriage there is no marriage to end.
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Aragorn Donating Member (784 posts) Send PM | Profile | Ignore Mon Sep-21-09 03:27 PM
Response to Reply #3
11. This is an old movie plot
although I never saw it with gay marriage. Based on the movies they don't need a divorce at all....
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LuvNewcastle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:01 PM
Response to Original message
4. I wonder why they even went to court.
They had to have known that Indiana doesn't recognize their marriage. How can a judge dissolve a union that doesn't exist? They just need someone to help divide their assets.
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GodlessBiker Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:04 PM
Response to Reply #4
6. But without a divorce, neither of them can again get married in a jurisdiction which permits it.
They should probably see if they can get a divorce in Canada.
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LuvNewcastle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:09 PM
Response to Reply #6
7. I didn't think about that.
Yeah, Canada looks like the logical place for them to get divorced.
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Manifestor_of_Light Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:16 PM
Response to Original message
8. Helllloooo Judge? Full faith and credit clause???
Please read it.

Because gay marriage is permitted in three U.S. States, and Canada, divorce should be allowed in any state that a gay couple move to.

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brooklynite Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:19 PM
Response to Reply #8
9. Blocked, I think by DOMA?
Wasn't that the whole point?
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PVnRT Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:21 PM
Response to Reply #9
10. Yes
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:30 PM
Response to Reply #10
13. Not clear - I think that Loving v. Va, 1967 will be critical in this case.
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ddeclue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Sep-21-09 03:29 PM
Response to Original message
12. Full faith and credit clause - this will be a SCOTUS case. nt
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