Gay couples who
were married elsewhere can be legally divorced in New
Jersey, a Garden State judge ruled on Friday. La Kia
Hammond, who now lives in Trenton, N.J., and Kinyati
Hammond, now of Delaware, married in March
2004 in Victoria, British Columbia, according to the
Associated Press.
Superior court
judge Mary Jacobson ruled that the state must accommodate
those who were married and seek divorce in outside
jurisdictions, as long as they're legally wed.
"While the day a
relationship ends is never happy," La Kia Hammond said
in an American Civil Liberties Union press release, "I
am relieved that the courts of New Jersey are allowing us to
move on, rather than keeping our relationship status
in legal limbo. Breaking up is painful enough, and I'm
happy we won't have to face the hardship of having to
fight just to make it official."
Those married in
Canada can only request a divorce if they are residents
of the country.
Currently, New
Jersey grants civil unions to gay and lesbian couples, but
does not allow full marriage equality. According to the ACLU
of New Jersey, who co-represented La Kia Hammond, the
state attorney general argued the couple should have
been granted a dissolution of civil union, and not a
divorce.
The couple lived
together in North East, Md., after they were wed, but La
Kia left Kinyati about three years ago. La Kia
Hammond officially filed for divorce because she
wants to marry another woman before she dies of
muscular dystrophy, which La Kia was diagnosed
with in 2005.
Kinyati Hammond
has not responded to the divorce filings. (Michelle
Garcia, Advocate.com)