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April 3, 2012

One Spouse at a Time Rule Applies to Civil Unions as Well as Marriages, GLAD to Argue Before SJC

In a case involving a man who married in Massachusetts without dissolving his Vermont civil union to a different man, Gay & Lesbian Advocates & Defenders (GLAD) will argue before the Massachusetts Supreme Judicial Court (SJC) that the marriage should be considered void.

“It has always been the law of the Commonwealth that a person may only have one spouse at a time,” said GLAD Senior Staff Attorney Karen Loewy, who is representing Richard Elia. “This is a straightforward case of applying long-established principles to the legal relationships of same-sex couples, just as they apply to different-sex couples.”

Richard Elia and Todd Elia-Warnken obtained a license to marry in Massachusetts in October 2005.  Mr. Elia did not know at the time that Mr. Warnken was in a civil union with Christopher Baker, which they had obtained in Vermont in April 2003.  Mr. Warnken and Mr. Elia lived together as spouses until December 2008, and Mr. Warnken filed for divorce in April 2009.  Upon learning that Mr. Warnken had never dissolved his civil union, Mr. Elia filed a motion to dismiss the divorce complaint, since their marriage was never valid.

“Refusing to recognize that Vermont has created a spousal relationship that would prevent a person from marrying someone new would cause serious confusion and instability, not only in the law, but for citizens like Richard Elia,” said Loewy.  “When he agreed to marry Mr. Warnken, he had every reason to expect and believe that he was the only person able to claim the hundreds of protections, obligations, and benefits of being Mr. Warnken’s spouse, whether making decisions about his medical care, being able to take an elective share of his estate, or being liable for his support.”

“All I want is to be treated the same as different-sex couples under the law, and to be able to move on with my life,” said Mr. Elia.

Elia-Warnken v. Elia will be heard before the SJC at 9:00 a.m. on Thursday, April 5, 2012 at the John Adams Courthouse in Boston.  Karen Loewy will be available to talk with the press immediately following the hearing.