Friday, December 4, 2009

Straight Couple Protests Gay Marriage Ban By Claiming Their Own Marriage is Unconstitutional

While Sacramento's John Marcotte's attempt to put a ban on divorce on the voter ballot next year is an admirable mockery of the right-wing's opposition to gay marriage in California, one New York couple is seeking a different tactic: Rachel Murch D'Olimpio and Matthew D'Olimpio, both 29 and with an infant son together, want their marriage annulled, because their own union is a violation of the Constitution because gays cannot also get hitched. It's always hard to tell just how serious folks are when they pull stunts like these, but Brooklyn's D'Olimpios are, at the very least, showing how ridiculous it is to deny gay marriage rights, particularly in the wake of this week's legislative defeat in the state. And they appear to actually be exploring how this could all pan out legally. (Facebook group here.) So why get an annulment instead of a divorce? Because annulments are reserved for deleting marriages that are, supposedly, never legal (or consummated) in the first place. The D'Olimpios argue that by not extending marriage rights to gays, existing marriage laws violate a constitutional right to equal protection, and is thus invalid. Full Story from Queerty: http://www.queerty.com/the-ny-couple-who-want-their-marriage-annuled-because-its-unconstitutional-20091204/

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