Originally approving of the divorce between Brenda Mohney and Erin O’Leary, an Athens County judge has recently reversed his decision as he was unaware that both parties were of the same gender.
Though Mohney and O’Leary were married in California where gay marriages are considered legal, their marriage was not legally recognized in Ohio. However, while marriages are clearly banned in Ohio, there are no specific laws on divorces for same-sex couples. This leaves the decision up to the judge.
Kathy Wickmann, assignments commission for the Domestic Relations Division of Athens County Common Pleas Court, has said that the judge stated she did not believe it mattered under Ohio divorce law the gender of the two parties. One of the attorneys involved has insisted that divorces of same-sex marriages are protected by the US Constitution, citing that “full faith and credit” be given to judicial proceedings in out-of-state courts.
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