Same-Sex Marriage Catch-22

In Rhode Island you can't get married as a same sex couple. You can't get divorced as a same sex couple either. Well, at least not yet. According to the Providence Journal, the Rhode Island State Supreme Court has agreed to hear arguments and give an answer to the question: "May the Family Court properly recognize, for the purpose of entertaining a divorce petition, the marriage of two persons of the same sex who were purportedly married in another state?" Pretty much the opposite question asked here in the Commonwealth.

The 1913 law, still on the books, prevents couples from other states from coming into Massachusetts to marry. The ban is primarily used to limit out of state same sex marriages, and was upheld for use by the Supreme Judicial Court last year.

No marriage shall be contracted in this commonwealth by a party residing and intending to continue to reside in another jurisdiction if such marriage would be void if contracted in such other jurisdiction, and every marriage contracted in this commonwealth in violation hereof shall be null and void.

Basically, if the couple plans to marry and move (or just plain don't live here) and are going to a state where same sex marriage isn't legal, they take sanctuary in Massachusetts' laws. Rhode Island hasn't made a declaration if the Ocean State will accept the Bay State's laws and recognize marriages performed for same sex couples.

So there you have it – they can't get married in Rhode Island, so they cross the border to Fall River. They go back to Rhode Island, decide they want a divorce, but they can't because they aren't in Massachusetts anymore. The question sits on the table for the Rhode Island Supreme Judicial Court. Either way the answer won't allow for Rhode Island to perform same sex marriages. But a decision to sanction the divorce in Family Court will create official Rhode Island acceptance of the Massachusetts marriage certificates same sex couples. Written arguments can be submitted through August 1.

Original image from flickr user Eirik Newth, remixed with permission. Im in ur base assistance from Michael Femia.