Gay Divorce OK – Gay Marriage NG

Here’s one to tickle your psyche. A Gay couple, legallly married in Canada was granted a divorce in good ole Mercer County recently. Here it seems that the plaintiff, La Kia Hammond had moved to NJ and thus did not satisfy the residency requirement under Canadian law. She was separated and was living in New Jersey. Lia Kia had been diagnosed with terminal musculat dystrophy and needed a divorce quickly so that she could move back to Canada and marry another woman who was willing to care for her. Her partner did not contest the divorce.
In determining that the couple was entitled to divorce in New Jersey, Superior Court Judge Mary Jacobson ruled that even though New Jersey does not permit same sex marriage, nevertheless, the principle of comity requires our courts to recognize marriages granted in other states or countries. The judge determined that the marriage did not violate the public policy of New Jersey, and would be recognized for dissolution purposes. In ruling from the bench, Judge Jacobson expressed that what Lia Kia needed, is a divorce, and not a civil union dissolution, because she was married, and “you don’t end a marriage with a dissolution of a civil union.” I give kudos to Judge Jacobson for putting common sense and decency in front of old minded bigotted notions, and doing the right thing in this difficult case.