Follow-up on Same-Sex Divorce


This is an interesting article on the courts’ responsibility regarding divorce in states that prohibit same-sex marriage.  In this article the authors argue that even in states that prohibit same-sex marriage there are legal mechanisms for granting a divorce.  They identify three possible strategies– use the current state laws governing divorce and apply these to the same-sex couples, use the laws of the state in which the couple was married as a basis for the divorce or through the use of the equitable powers act.

The authors also argue that denying couples the right to divorce is far more harmful.

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