Saturday, November 1, 2008

'We Never Said Anything About Gay Divorce' says CA Supreme Court

Michael and Justin Wilson were both devastated and flummoxed Thursday upon learning that their marriage in California is indissoluble. They were married less than two months ago, but their previously picture-perfect relationship took a turn for the worse in recent weeks, ending with the pair mutually deciding that divorce would be for the best. After being rebuffed by the local city hall, where they were told that no paperwork for divorce of homosexual couples exist, they took the matter to court. In a surprise move from the California judicial system, however, a unanimous Supreme Court declared that despite their previous May decision making gay marriage legal in the state, the decision made no provision for the annulment of such a union. For Michael and Justin, this means that, for now, they will remain legally wedded despite their loathing for each other.

Interestingly, both the more conservative and liberal justices of the court came to the same conclusions, though for differing reasons. Judge Corrigan, usually considered conservative on social issues, authored the majority opinion, reasoning that divorce rates being as high as they are, "the state of California has a compelling interest in reducing the occurrence of this tragic event as much as feasibly possible." However, Judge Moreno, widely hailed as a progressive voice on the court, issued a different opinion in which he stated his belief that true equality for homosexuals requires that they "go through the same struggle that straight couples had to fight through in the 1970's before they can claim the right to divorce their partners." "Gays and lesbians," he continued, "want to be treated just like everyone else, and just giving them divorce rights without a comparable legal battle would be discriminatory and unconstitutional."

In a press conference after the result was announced, Justin stated that although he understands the rationale behind the decision, he strongly disagrees. "I can't stand Mike anymore," he said while choking back tears. "I just never want to see that pompous little snot again--is that so wrong?" The Wilsons' lawyers have stated that they plan to appeal the decision to the Supreme Court, potentially creating the opportunity for the nation's highest court to give gay Californian couples the right to divorce without actually recognizing their right to marry in the first place.

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