Nebraska Lesbian Divorce Blocked By State Supreme Court

Written by scott on June 14th, 2014

NebraskaImagine if you no longer loved your husband or wife, and your state’s Supreme Court stepped in to tell you that you had to remain married to them.

LGBTQ Nation reports:

Nebraska’s Supreme Court dismissed an appeal Friday by woman legally wed to another woman in Iowa who is now seeking a divorce in the state where they live, saying it didn’t have jurisdiction and therefore could not address the constitutional arguments raised about same-sex marriage and divorce in Nebraska… The state attorney general’s office, in a friend of the court brief, argued that allowing the divorce would run afoul of the state’s constitutional amendment and that granting the divorce “would in effect disenfranchise 70 percent of Nebraska’s voters (who voted for the amendment).” Nichols’ attorney, Megan Mikolajczyk, had argued that the U.S. Constitution’s “full faith and credit” clause requires Nebraska to recognize the marriage. But Nebraska’s Supreme Court dismissed the case without addressing constitutional issues, saying that because Nichols had appealed from a conditional order and not a final judgment, it lacks jurisdiction over the appeal.

Some day, and maybe some day soon, we’ll be past this messy patchwork of state by state laws that dictate when we can marry, and when we can get divorced.

Find more articles and gay wedding resources in Nebraska.


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