Ky. judge grants divorce to same-sex couple

Louisville, Ky. (AP) — A judge in Kentucky has granted a divorce to a same-sex couple despite the fact the state doesn't recognize gay marriage.

The Courier-Journalreports the ruling by Jefferson Family Court Judge Joseph O'Reilly is the first of its kind in the state.

The case involves Alysha Romero and Rebecca Sue Romero, who were legally married in Massachusetts.

Lawyers argued that the women should be able to divorce in Kentucky, where they live now, instead of having to move back to Massachusetts.

O'Reilly said in his ruling that not allowing the divorce would violate a guarantee in the state constitution that all people should be treated as equals.

"The Constitution of Kentucky prohibits the exercise of absolute and arbitrary power over lives" of its residents, O'Reilly added, "even if that exercise is approved of by the largest majority."

"I am happy the judge made the right decision," said Alysha Romero.

Her attorney, Louis Waterman, also said he was pleased with the judge's decision.

"I am just thrilled with Judge O'Reilly's courage," Waterman said. "I think he had a lot of chutzpah to do what he did."

Gay marriage opponents had predicted the case would be dismissed without the divorce being granted, though no one intervened to try to prevent the divorce.

Opponents of gay marriage did not respond to the newspaper's request for comment.

The ruling comes as the U.S. Supreme Court is considering whether to hear gay marriage cases.

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Information from: The Courier-Journal, Louisville, KY.

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The Gayly – January 13, 2015 @ 10:30am