Jan

9

NYC Judge - Same Sex Ruling on Gay Divorce

January 9, 2007 |

The marriage is void. But the separation agreement is valid. The argument about the ability for any two people to enter into contracts is at question but seems to be part of the ruling.

NEW YORK A New York City judge who said the Massachusetts marriage of one man to another was void has declared that their separation agreement is valid and legally enforceable under principles of contract law.

State Supreme Court Justice Phyllis Gangel-Jacob said New York state law denies spousal rights to two unmarried people living together but cohabitation does not prevent them from making an agreement under the rules of contract law.

The judge issued the decision, which was published Monday, in the divorce case of David Gonzalez and Steven Green, who married each other in Massachusetts on Feb. 14, 2005. Gonzalez was seeking a divorce, and Green wanted a ruling that they were never married.

The judge said the marriage was void under New York and Massachusetts law. New York does not recognize same-sex nuptials, and Massachusetts bars marriage between domestic partners domiciled in a state where the marriage would be void.

But, the judge said, unmarried people could make agreements ?provided only that illicit sexual relations were not part of the consideration of the contract.?

People are allowed to make contracts between people. But the couple sought a divorce and not the to establish that people can enter into contract agreements. But the agenda is set. Establish bit by bit legal cases which will build groundwork for a Supreme Court case down the road. They knew they wouldn’t win recognition of a divorce. Its just one piece of the puzzle they were looking for.


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