The Controversy Over Gay Divorce

While most people are aware of the high-profile debates over whether gay marriage should be legalized, the battle for gay divorces has been fought in the shadows. The truth is, getting a divorce may be even more difficult for homosexuals than getting married in the first place. Many times, the gay couple must be divorced in the same state in which they were married, but most states have residency provisions that require a couple to live in the state for a certain period of time.

The controversy over gay divorce: Why the fight is so difficult

Unfortunately, the fight for gay divorce has been overshadowed by the battles to get states to recognize gay marriage in the first place. It is hard for gay activists to ask for liberal divorce laws while they are trying to get homosexual marriage legalized. Asking for the ability to divorce can give the impression that gay marriages are not looked upon as long-lasting and can reinforce stereotypes of gay people being more sexually promiscuous than heterosexuals.

The controversy over gay divorce: Banned in most states

Since only a few states currently recognize gay marriage as valid, there is some controversy over whether a married gay couple can get a divorce in a different state. A recent Rhode Island court ruling decided that two same-sex spouses who were married in Massachusetts, where gay marriage is legal, cannot get divorced in Rhode Island because that state does not recognize their union as a valid marriage. This is a very tricky legal issue because Rhode Island must uphold their marriage as valid because they were legally married in another state. It seems counter intuitive that a valid marriage cannot be dissolved in the state.

The controversy over gay divorce: Returning to the state of marriage

Of course, the easiest way to obtain a gay divorce is to return to the state in which the marriage ceremony was performed. However, this is not always possible for couples who have moved out-of-state. Also, many state's divorce laws require that the couple live in the state for a set period of time, often as long as one year.

The controversy over gay divorce: Making progress

However, this prejudice against gay divorce may be changing. A recent New York court decided that since an out-of-state gay marriage was not "abhorrent to New York public policy," that it was valid and a gay divorce could be granted. The only abhorrent practices under New York law are currently incest and polygamy, so a same-sex marriage can be recognized. By the court's reasoning, since the marriage is considered valid and a gay divorce will be granted.