Chism, a psychiatrist and Ranzy, an educator came to Toronto in January 2005 and legally married. The province of Ontario legalized same sex marriage on June 10, 2003 when the Ontario Court of Appeal changed the definition of marriage from the union of a man and a woman to the union of two persons.

Divorce Refused on Grounds the Parties were not Legally Married

The couple separated last spring and filed for divorce in Marion County Indiana where they resided. The divorce might have been granted had a clerk not spotted the fact that both parties had female first names. When the matter came before Marion County Superior Court Commissioner James Marchal, he dismissed the divorce petition. The Indiana Code, Title 31, Article 11, Section 1 states that only a female may marry a male and only a male may marry a female. The legislation goes on to say that a same sex marriage is void in the state of Indiana even though it is legal in the jurisdiction where the marriage is solemnized.

The U.S. Defense of Marriage Act also supports Commissioner Marchal's decision. That legislation says that a state is not obligated to recognize same sex marriages that were solemnized in states that legally allow such marriages. Under both Indiana and U.S. law, judge concluded that he had no power to dissolve Chism's and Ranzy's marriage.

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