Comments on: Gay Divorce Rights http://www.anwyn.com/2007/02/21/gay-divorce-rights/ Sometime editor, all-the-time mother, delivering facts, reviews, commentary, and rants. Occasionally in that order. Fri, 05 Dec 2008 03:25:30 +0000 http://wordpress.org/?v=2.0.4 by: LagunaDave http://www.anwyn.com/2007/02/21/gay-divorce-rights/#comment-16587 Thu, 22 Feb 2007 10:36:43 +0000 http://www.anwyn.com/2007/02/21/gay-divorce-rights/#comment-16587 Uh-oh, I sense the <a href="http://wizbangblog.com/2005/04/20/andrew-sullivan-freakout-advisory-system.php" rel="nofollow">Andrew Sullivan freak-out meter</a> is about to jump a notch or two... Uh-oh, I sense the Andrew Sullivan freak-out meter is about to jump a notch or two…

]]> by: Allen http://www.anwyn.com/2007/02/21/gay-divorce-rights/#comment-16579 Thu, 22 Feb 2007 02:50:41 +0000 http://www.anwyn.com/2007/02/21/gay-divorce-rights/#comment-16579 Is Oregon a "community property" (all assets are automatically owned equally between spouses) state? I honestly don't know and I'm too lazy to look it up. Of the few friends I know who have gone through a divorce, division of assets was decided in part by the parties and in part by family court. Sometimes things are split evenly, sometimes not. But even if Oregon is a community property state, this situation is really putting the cart before the horse. Oregon doesn't recognize same-sex marriage or civil unions, so there's no reason for it to recognize same-sex divorce (or dissolution.) Does it even need to be said? Not being eligible for marriage (or marriage-likeness) might be unfair (I think it is) but you can't get divorced if you're not married. Duh? Gotta fix the one thing before you can make claims on the other. My advice to the partner with the benefits who so graciously wants to share with his ex would be to cut his former partner a check every month if that's what the two of them want to do. I'm <em>very</em> sympathetic to the cause of some kind of partnership equity for same-sex couples (particularly where there are children involved) but this so-called "strategy" to influence the legal system seems backward to me. Is Oregon a “community property” (all assets are automatically owned equally between spouses) state? I honestly don’t know and I’m too lazy to look it up. Of the few friends I know who have gone through a divorce, division of assets was decided in part by the parties and in part by family court. Sometimes things are split evenly, sometimes not.

But even if Oregon is a community property state, this situation is really putting the cart before the horse. Oregon doesn’t recognize same-sex marriage or civil unions, so there’s no reason for it to recognize same-sex divorce (or dissolution.) Does it even need to be said? Not being eligible for marriage (or marriage-likeness) might be unfair (I think it is) but you can’t get divorced if you’re not married. Duh? Gotta fix the one thing before you can make claims on the other.

My advice to the partner with the benefits who so graciously wants to share with his ex would be to cut his former partner a check every month if that’s what the two of them want to do.

I’m very sympathetic to the cause of some kind of partnership equity for same-sex couples (particularly where there are children involved) but this so-called “strategy” to influence the legal system seems backward to me.

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