Monday, February 9, 2009

Damned if you do, and damned if you don’t, eh.

If you are gay in New Jersey, you cannot get married to your same gender significant other.

Governor Corzine has been courageous enough to declare that he would, indeed, sign a marriage equality bill, should reach his desk.

However, right now, gay couples must be satisfied with civil unions, which apparently do not work very well, legally speaking. Justice Barry Albin wrote the opinion that gave us civil unions in New Jersey. In civil rights terms it is kind of like being in the middle of the bus.

However a new wrinkle has reared its ugly head. Let’s say you and your gay beau got married in a country where gay marriage is legal ---right now, Canada, Belgium, Netherlands, Norway, South Africa, and Spain. And you’re an American. And now you want to get a divorce----if you live in New Jersey, you have to stay married, according to the AG’s office at least.

So, you can’t get married, and if you’re married you can’t get a divorce. Some progress.

From the NJ Law Journal:
In a ruling of first impression, a state judge in Trenton held Friday that same-sex spouses validly married in other states or countries can seek divorces in New Jersey if they otherwise meet jurisdictional requirements. Superior Court Judge Mary Jacobson ruled that La Kia Hammond of Trenton may file for divorce from a woman she married in British Columbia, Canada, and who now lives in Delaware. Hammond could not seek a divorce in Canada because she is not a resident there, leaving her with no other forum than her home state. The N.J. attorney general's office opposed recognizing the same-sex marriage for purposes of divorce, suggesting instead that the marriage be dissolved as if it were a civil union. Officials have not said whether the state will appeal.

1 comment:

Anonymous said...

To the Governor of New Jersey

Dear Governor Corzine:

My name is David Archuletta, I know that everything my story is about to reveal, represents the view of many birthfathers elsewhere.

Your state Sir, invokes a vision of humanity upon child adoption only if there is a successful placement. It is reprehensible Sir, that up until that point, a child’s prenatal and newborn life, bartered, and sold as if a tagged aged ham.

Your state adoption system many years ago, took my son away when there was not proper right to do so. The adoption’s illegal empowerment gained through acts of collusion of the Department of Human Services, Children of the World Adoption Agency and the Adoption Attorney [xxxx xxxx]. [The greedy acts of the birthmother alone proved of the adoption’s fraudulent nature.]

To your department heads I have since cited of all this information with documentation, but as of yet your Human Services Commissioner will not listen. Instead, the Department of Human Services chose to offer the already gravely wounded Children of the World as sacrifice. The rendered scapegoat of executive director, however, did not work in my appeasement.

However, her corruption of this Rosie O’Donnell funded adoption agency is not at issue today.

Let us talk about legal aspects of your State Adoption Statute N.J.S.A. 9:3-39 1 [b, c].

I would like to know sir, how it is possible in your state to allow the adoption an infant without want of the birthfathers permission or the knowledge of his serious health problems. These subjects, being what a pre-natal Doctor tried desperately to relay?

Does not the state of New Jersey care about the health and welfare of its children? I have sent your Department of Human Services documented proof that Dr. Barbara Leigh Val-Spinosa was denied the power of her voice. It was her intention to thwart a fraud, in addition to provide the child’s new pediatrician with critical medical information…

The doctor gave this crime-busting, and possible life saving information to this unsavory adoption attorney two days after the birth of the child! The only thing he did with this information was to thank the good doctor for her sense of justice and moral being. He gave not, this crucial news to the adoption court. [Might it affect his business; might it affect the life of a child?]

It does not matter Governor Corzine, that the attorney’s actions are regulated separate from the Department of Human Services. The fact remains, that each wrongful placement reflects on your governorship.

That withstanding, dear Governor; the above paragraphs represents two bases of moral turpitude. Of which, Sir, represents the state of New Jersey?

Regardless sir, that the Department of Human Services and the Office of Attorney Ethics are separate departments of state; they both represent the people you govern.

Are you sir, going to let esquires hide in loopholes of the law

I say this Sir, only for one reason. The fact of the matter is that the adoption attorney did not violate adoption law. This state has awarded its adoption attorneys King Solomon like power. However, as for some anyway, not the wisdom. Sadly, his want of money has ruled.

However, it may be that your person is unaware of this obviously purposed double-standard in the law. That said, its intent only serves the greed of the unscrupulous. One would think it would protect the biological father first and foremost to begin with.

Nonetheless let it be said, that today on the 25th of January, you were offered a chance to make change. __That there be no more stolen children in the state of New Jersey.

I would sir, appreciate a response to this letter. Thank you,
David Archuletta