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Show DAILY A2 HERALD Saturday, December 8, 2007 Court: Lesbian couple can't divorce in home state Eric Tucker IHE ASSOCIATED PRESS A PROVIDENCE, R.I. lesbian couple that married in Massachusetts cannot get divorced in their home state of Rhode Island, the state Supreme Court ruled Friday. The court, in a decision, said the state's family court lacks the authority to grant the divorce of a same-secouple because Rhode Island lawmakers have not defined marriage 3-- 2 x as anything other than a union bet Ween a man and a woman. "The role of the judicial branch is not to make policy, but simply to determine the legislative intent," the court wrote. An attorney for one of the women involved complained they have been left in a "legal Massachusetts in 2004 and fifed for divorce last year in Rhode Island, where they both live. Massachusetts, the only state where gay marriage is legal, restricts the unions to residents of states where the marriage would be recognized, and a Massachusetts judge decided last year that Rhode Island is one of those states. limbo," but opponents of marriage said the court correctly avoided taking a step toward recognizing such unions. Cassandra Ormiston and Margaret Chambers wed in same-se- x I The justices said Rhode Island laws contain numerous references to marriage as between a woman and a man. Nancy Palmisciano, Ormis-ton'- s lawyer, said couples married in other states and other countries are routinely granted divorces in Rhode Island, and the same freedom should apply to this couple. Now Ormiston is stuck in a No law specifically bans marriages in Rhode Island, but the state has taken no action to recognize them. at least one would have to move to Massachusetts to get a divorce, but Palmisciano said Friday that was not a viable option for her client "I'm disappointed 1'or anyone who's involved in one of these marriages who's a resident of the state of Rhode Island," she said. "I think these people are being confined to a legal limbo." Louis Pulner, a lawyer for Chambers, said he was surprised by the decision. "I feel that it's unfortunate marriage she doesnt want to same-se- x be in, Palmisciano said. The women's lawyers have said l! '' i if 1 : ! i V , i'Rg-) c & ) 'ifW l (V "ii:'..' ! I X I NEWS TIPS: On nights and weekAt other ends, call 344-255- h times, contact an editor above. CORRECTIONS: The Herald corrects errors of fact appearing in its news and opinion columns. If you have a correction, call 344-253- Home Delivery J ' y 375-510- , ' ' ' : ; - - SUBSCRIPTIONS New subscriptions, restarts, delivery or . 3 billing information, call days from 6 a.m. to 5:30 p.m. i ! f by 6 a.m. Mon-Fr- i 7 a.m. Sat-Su- n For missing papers, call by 9:30 a.m. , r f 3 Delivery ;i- - f1 Established in 1873 A Lee Newspaper J j ' i "ii x 4 ; w 9) ; mar- same-se- x si ; ' - Opponents of riage praised Rhode Island's top court for rejecting even a limited recognition of same-semarriage. : .!:' ; marriage from another state for the sole purpose of granting a divorce petition. . lit, i ' land," Pulner said. Lawyers for the women had argued that the court should consider only whether Rhode Island could recognize a valid "The meaning of marriage in Rhode Island is the union of a man and a woman," said Monte Stewart, president of the Marriage Law Foundation, which filed a brief in the case. "You have to have a marriage before you can have a divorce." 1 ; that two people who are legally married cannot get closure here in the state of Rhode Is- f f j week- SUBSCRIPTION PROGRAMS Daily Thur, & Sunday Sat, Sun Fri, & Holidays Thursday Only t Sunday Only Thur, Sun & Holidays 'Holiday delivery includes delivery the weeks of Easter, Memorial Day, Independence Day, Pioneer Day, Labor Day, Thanksgiving, Christmas and New Year's Day. ADVERTISING i' k ": Ytyf ss':v J:. ;;. 1 ; a M i0!fpS'58j' - j j.f ' RETAIL siJ,!!B fiitaffa j' 376450 CLASSIFIED feT. 344-294- 6 ADVERTISING FAX 356-301- 2 The Daily Herald (ISSN 0891-277b USPS published mornings, Sunday through Saturday, by Lee Publications, a division of Lee Enterprises, Inc., 1555 N. Freedom Blvd., Provo. Utah 84604. Periodicals postage paid atProvo, Utah. Postmaster SengLaddress changes to The Dajljr'fierald, P.O. Box W'l: ' , H All ' I I ' "' ,. t I y, NYDJ Tuxedo rhlnestone embellished jean. Ladles' sizes 89.00. .. . ...... n.- t : j contents Copyright 2007, Dally Herald. Any reproduction or other use is strictly prohibited without written permission. iylicrhit OcousLoiLS ' v. ' ! 1 i I 84603-0717- . MEMBER, AUDIT BUREAU OF CIRCULATIONS J A nVPtpvo JXah , - ' II ! U I In. I l :l . It . w . l' i'- I . ; I .'?.' ' I 111 .mSSSBISSSSk mm T (Ji ill irihHiiiii!) i - m hmtiior I ;iut .'" '! Dillard's The Style of Ghristmas. .i A L'C SxiXiitthTTn toif (( )Vrtttinh Ki'i;iii"lini(;r.ijiinn:rn . i.t. ii, 1, . it U, JUcii' I |