Only in New Jersey: No gay marriage but gay divorce

The AP reports that gay marriages performed outside New Jersey are recognized in the state for the purpose of divorce, according to a ruling Friday by a judge deciding whether a lesbian couple married in Canada can split.

State Superior Court Judge Mary Jacobson said in an oral ruling that New Jersey, which doesn’t allow gays to marry, has a long history of recognizing marriages that are valid where they were performed.

“To grant the divorce here is not against public policy,” Jacobson said. “It’s consistent with the strong marriage recognition principles that have been practiced since the 1800s.”

Jacobson’s decision clears the way for La Kia and Kinyati Hammond to be divorced after a hearing on March 2, and for La Kia Hammond to return to Canada to marry another woman.

Jacobson said her ruling does not mean that the state has to recognize same-sex marriages for other purposes.

One thought on “Only in New Jersey: No gay marriage but gay divorce

  • February 11, 2009 at 2:36 pm

    New York courts have been recognizing same-sex marriages entered elsewhere for over a year, even though you cannot marry in New York.

    Unlike New York, however, for which the only form of legal relationship recognition is marrying outside the state, New Jersey at least provides civil unions.

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