Judge Vacates Divorce Between Same-Sex Marriage Couple

An Ohio judge who mistakenly approved a divorce between two women was forced to vacate his decision since their marriage is not recognized under state law.

Brenda Mohney and Erin O’Leary married in California in 2008, but only Mohney appeared during the divorce proceedings and the Athens County judge was unaware both parties were women when he approved the split. 

After scheduling hearings to explain the situation, Judge George McCarthy vacated the approval last week.  He explained that it came down to an issue of legal authority and the reversal does not reflect any personal view of the women or their relationship.  “The issue of same-sex marriage is one of nationwide concern, and higher courts than this will eventually determine the constitutional issues related thereto with finality,” he wrote in the order. “In the meantime, Ohio law and policy … mandate that this court not recognize the parties’ union as a lawful marriage for purposes of Ohio divorce law.”

See Associated Press, Ohio Judge Reverses Split Decision After Mistaking Genders of Married Couples, The Guardian, Dec. 23, 2014.