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Just saw this post on the blog 365 Gay:
A straight couple who lives in Brooklyn, Rachel Murch D'Olimpio and Matthew D'Olimpio, are applying to annul their marriage in response to the New York Senate's vote against legalizing gay marraige -- reasoning that "their marriage contract violates constitutional equality and is thus void."
Blogger Emma Ruby-Sachs explains,
An annulment is usually reserved for marriages where there is no consummation of the marriage (yep, that means sex), insanity, fraud or one or both members of the couple entered into marriage while under duress. Unlike a divorce, it claims that the marriage was never viable and legal or that the situation has changed so significantly through no fault of either member of the couple that the marriage must be dissolved.
The couple has also made a facebook group for other New York residents planning to follow their lead. (Can someone link to this if they find it?)
Legally, the annullment may or may not work out:
Legally, their approach has some promise. Contracts freely entered into can be deemed void if they contravene public policy. There is an argument — one that has been successful in Iowa and California — that giving marriage rights to straight couples and not same-sex couples violates the right to equal protection of the laws. This is not new reasoning.
However, usually the courts require the applying individual to prove that they are, in some way, being denied equal protection of the laws of the state. Rachel and Matthew are fully protected. It’s their friends and fellow New York residents who are being denied their rights.
Either way, I think this is awesome. It reminds me of this one episode on the L Word when Kat's boyfriend proposes to her. Kat's sister and most of her friends identify as lesbian or queer, and Kat basically tells her boyfriend, "If I were going to get married to anyone, I would get married to you. But I'm not going to get married when this state doesn't allow all of these people I love to be married."
I wish more people would do this. Lately I've started to get annoyed by people -- especially friends and coworkers -- who talk so freely about their plans and dreams for their future weddings. I recently graduated from college and I've found that a lot of people my age are talking about this kind of stuff. It's just like, Do you not realize that there are so many people who can't do this -- who are not legally allowed to get married and have these dreams? People you know and work with? In my imaginary world, everyone goes on a strike against marriage until everyone has equal rights. Okay, maybe it isn't necessarily fair to say that certain people shouldn't enjoy a right or privilege just because not everyone has it. Or is it? I don't know... I guess for now I am just a Wedding Scroogesse.
kathleenmysistahs
| 12/5/09 06:28 AM
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