Nebraska Won’t Let Lesbians Divorce, But Will Determine Who Gets Custody Of Their Child

In Nebraska, District Judge Randall Rehmeier ruled a lesbian couple married in Vermont in 2003 was not entitled to a divorce in his state, because recognition of gay unions is prohibited there. That didn’t stop Rehmeier from ruling on child custody and child support, because the best interests of the child are at stake or something. (The biological mother will have full custody, and her still-wife must pay $200 a month in child support.)

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  • ChicagoJimmy

    I always felt that legislatures deal with the law in the abstract while judges get to deal with the law as it actually applies to people. That’s why it makes sense to allow judges leeway in sentencing and how to interpret the law. It seems to me that the law Nebraska doesn’t deal with the reality of these two women being married.

  • Steve

    Not the first time this happened. It’s pretty absurd. Just because they don’t recognize the marriage doesn’t mean they can’t divorce them.

    Since they are against same-sex marriage, they should welcome any opportunity to divorce such couples.

  • DavyJones

    @ChicagoJimmy: Agreed. I applaud the judge for not blurring the line between Judiciary and Legislative here. He has to follow the laws as they are written, even if he were to personally disagree with him. I’m glad he was still able to take care of the other issues though; IMO that shows the proper restraint between legislating from the bench, and doing what’s best for the parties involved in the current case.

    Obviously I think marriage (and divorce) should be legal throughout the US, I just think that right should come either legislatively, or through an appeals court ruling marriage Discrimination unconstitutional.

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