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Monday, October 20, 2003

WHAT HAPPENS WHEN SAME-SEX COUPLES BREAK UP? (posted by Eve)

This news item from Spokane, Washington seems relevant to Andrew Sullivan's column "The State of Our Unions."

"Can a state that has legislation barring the recognition of same-sex couples impose 'community property' rules on gay couples when they break up? That is the question a Washington state appeals court will have to determine.

"When the 10-year relationship between Julia Robertson and Linda Gormley ended last year Gormley went to court seeking a division of assets. In November Superior Court Judge Heather Van Nuys ruled that the couple's relationship was 'sufficiently marriagelike to provide equitable relief.'

"In her ruling Van Nuys called the couple's relationship an 'intimate
domestic partnership,' allowing both women the same property rights given to a husband and wife in a divorce.

"Van Nuys said the women must divide their assets equally -- a decision
that amounted to a divorce in a state that does not recognize same-sex
marriage. Washington has a Defense of Marriage Act in place that also
prevents recognition of domestic partners." more

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