Lesbian Couple Files for Divorce

Associated Press ^ | Thu, Jul 22, 2004

[presidio9]

A lesbian couple is seeking what is believed to be Canada's first same-sex divorce in Ontario Superior Court.

The women, identified according to their lawyers' initials as M.M., a 41-year-old born in Toronto, and J.H., a 61-year-old born in Ottawa, were married on June 18, 2003, one week after the Ontario Court of Appeal legalized same-sex marriage in the province.

The couple separated five days after the wedding, ending an almost 10-year relationship, J.H.'s lawyer Julie Hannaford said.

"This is the first same-sex divorce case in Canada to our knowledge," M.M.'s lawyer, Martha McCarthy, said in court documents.

The petition, filed in the Superior Court of Justice last month, was to be heard Sept. 13. It will add a new facet to the contentious legal debate over same-sex marriage. The Supreme Court of Canada is holding hearings on the legality of same-sex marriages in the fall.

The ruling Liberal government has vowed to legalize same-sex marriage across the country although polls have shown about half of Canadians are against the move.

So far, courts in Ontario, Quebec, British Columbia and the Yukon territory — overseeing some 70 percent of the country's 31 million people — have ruled that the right for gays and lesbians to marry is guaranteed by the Canadian constitution's Charter of Rights.

However, the federal Divorce Act hasn't been amended to apply to same-sex couples.

M.M. and her lawyer are asking the court to grant the divorce and declare the Divorce Act's definition of spouse unconstitutional. The divorce law defines a spouse as "a man or woman who are married to each other."

The government says it wants to go further and strike down the entire definition of spouse in the act.

M.M. said the couple have no possibility of reconciliation. They signed a separation agreement on April 30. Grounds for divorce in Canada are separation, adultery and cruelty.

[Conspiracy Guy]

But I thought gays said that their relationships were stronger than heterosexuals. Must be Marriage that is bad for relationships.

Ban Gay Marriage. It's for their own good.

[Normal4me]

"However, the federal Divorce Act hasn't been amended to apply to same-sex couples."

Bwhahahaha. They fought so hard for it and they can't divorce? Oh sweet justice.

[StarCMC]

ROFL!!

[Conspiracy Guy]

Laura Earl and I have the traditional No Sex Marriage.

[BossLady]

LOL! There's always a caveat....

[GSWarrior]

So who gets the power tools?

[duckman]

'So who gets the power tools?'

Do you mean the Snap On's?

[StarCMC]

Ok, so you're Shakers?

Yeah, uh-huh, I'm believing THAT!!!

ROFLOL!!

[StarCMC]

OMG - I am LMAO over here!!!!!

[Conspiracy Guy]

Shakers? Like the DT's? Rock and rollers maybe!!

[engrpat]

The couple separated five days after the wedding, ending an almost 10-year relationship

marriage has ruined more friendships....be careful of what you wish for.

[RetiredArmy]

They just wanted to be FIRST in something in their lives. They will probably become the FIRST DIVORCED GAY COUPLE TO RE-MARRY each other again.

[reagan_fanatic]

But I thought gays said that their relationships were stronger than heterosexuals

Now, now, let's not spit, err, split hairs. I wonder who got called on the carpet first?

[xm177e2]

Now those gays are ruining another perfectly good heterosexual institution: divorce!

[Conspiracy Guy]

ewwwwwwww

[Bluntpoint]

It must be awful to end a relationship with that "fishy" taste in your mouth.

[Toespi]

Well, we knew this was coming. The divorce courts are going to be inundated with cases. Just wait until they start proceedings regarding child custody. There will be at least three parents involved along with a turkey baster.

[Centurion2000]

Well, we knew this was coming. The divorce courts are going to be inundated with cases. Just wait until they start proceedings regarding child custody. There will be at least three parents involved along with a turkey baster.

Just wait for the screams for the first female lesbian that gets nailed with child support laws that so far have been aimed at men.

Divorce lawyers are going to be like sharks at a feeding frenzy

[Toespi]

Tee-hee, can you imagine the exhibits and evidence?

[davisfh]

This is just too damned good!

[gathersnomoss]

This happened in Key West and resulted in the dikes getting into a fight over the pick up truck and the.....hand held vibrating device . You cannot write this stuff. Funny.

[Conspiracy Guy]

I hear the bass cello in the background. Look for the attorney fins and run away.

[sgtbono2002]

Its not easy when you are halfway thru a perverted sex act and a strap breaks.

[presidio9]

Its not easy when you are halfway thru a perverted sex act and a strap breaks.

Tell me about it! I HATE it when that happens!

[Pearls Before Swine]

The women, identified according to their lawyers' initials as M.M., a 41-year-old born in Toronto, and J.H., a 61-year-old...

Older women are trouble.

Gay divorce is going to be a GREAT legal specialty.

[StarCMC]

No - I mean Shaker religion - the ones that didn't believe in um, procreation. So the religion sort of died out! He he he!!

[TigersEye]

Lesbo deevorce. Now there's a phrase that never crossed my young mind as I sat in my fifth grade class in 1965. And just about everything crossed my mind in the fifth grade. 8^O

[Conspiracy Guy]

I knew what you meant. I was being my usual silly self.

[FITZ]

They should just let them get married but never divorced.

[ol' hoghead]

There's nothing like marrage to ruin a good friendship. Must have been the difference.

ol' hoghead

[ol' hoghead]

Must have been the AGE difference.

[searchandrecovery]

"I said, get in the kitchen and make me some cookies, b-tch. She always used to do it before we were married."

[nmh]

NO! It just can't be!

Aren't they BETTER than heterosexuals? Aren't they supposed to be in love for life - unlike those screwed up heterosexuals?

Sarcasm off.

[longtermmemmory]

How could it happen in keywest? There is no homosexual marriage in FL. FL also does not recognize civil unions.

[gathersnomoss]

I apologize. There was an article in The KXW newspaper that stated that a lesbian couple was splitting up and was having an issue with belongings.

[MTBNate]

While I fully support the rights of gay and lesbians to marry each other, I also feel that same sex divorce is an abomination upon God! These people are bringng a fine istitution to ruin by demanding they be a part of it. If God had wanted lesbians to divoce, he would have given one a penis.

[Designer]

"..given one a penis."

Remember the joke (Rush Limbaugh); "What do you call a female-to-male sex change operation? An addadictomy."

[Allegra]

Oooops.

Offended, are we?

Do you like kitties?

[nopardons]

Can you smell the ozone ? :-)

[Cowboy Bob]

However, the federal Divorce Act hasn't been amended to apply to same-sex couples.

Since its likely they never consummated the marriage, they can probably get an annulment.

[Kozak]

The couple separated five days after the wedding, ending an almost 10-year relationship, J.H.'s lawyer Julie Hannaford said.

Let the lawyer fest begin....

[SMPRFIFRCRCN]

Well, I must say that divorce is horrible, my (ex)wife just finalized ours. All I can think is, I wish there had been some legal loophole in our law where I could have helped her hold on for just a little longer. Unfortunately, with the "no-fault" laws here in the U.S., if you are the spouse trying to hold it together, the state just says screw you, deal with it. It's kinda funny (not really) that marriage is the only legally binding contract one can enter into and escape from for no reason other than, "I feel like it". Additionally, it is disgusting the manner in which a court will side with a cheating wife in a situation where an unwitting husband does not want a divorce.

[RandallFlagg]

Some states have "Maritial Misconduct," laws.

[nightdriver]

They probably could not agree on who would do what to whom! LOL

[SMPRFIFRCRCN]

Unfortunately, not in Nebraska. Also, I have recently heard about a different "kind" of marriage, called a "Covenant Marrige" which lays out stricter guidelines for divorce, such as infidelity, physical abuse, etc.

[Gelato]

Well that lasted five seconds.