Ohio Pemits Same-Sex Divorce, But Not Same-Sex Marriage

by Beverly A. Pekala on March 23, 2012


Jonathan Baize and Stephen Wissman were married on September 1, 2011, in New York, and later mutually sought a divorce inOhio. The Ohio Court has now granted the couple a divorce, although Ohio does not allow same-sex marriage.

 Ohio barred same-sex marriage in 2004 by constitutional amendment. A lawyer for the couple argued that the state’s restriction barring same-sex marriage means only that same-sex marriage is not allowed, and does not apply to same-sex divorce. A lawyer representing the Campaign to Protect Marriage argued that the court didn’t have the legal authority to grant the divorce because it would acknowledge the legality of the marriage.

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