There seems to be some confusion at this point whether the Irreconcilable Differences (“ID”) cause of action enacted for divorce in marriages would also apply to dissolution of Civil Unions. The ID bill was introduced before the Lewis v. Harris decision came down and before the legislature considered the Civil Unions bill. In essence, the two bills crossed during their passage. Obviously, under Lewis the court directed the government to make same sex unions legally equal (at least under state law) to marriage. The Governor in his statement accompany the signing of the ID bill said he was assured this would apply to civil unions. It seems that the legislature will need to enact a techincal correction or the courts will have to enforce this for civil unions. If it’s the former, they have a bit of time to enact it since civil unions will not come into effect until mid February and the ID has a six month tail.
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