Same-sex divorce ruling issued

OKLAHOMA CITY (AP) — The Oklahoma Supreme Court on Tuesday ruled a Tulsa judge had the right throw out a same-sex divorce decree he unknowingly granted, but should have notified the parties in the case so they could appeal his decision.
The court remanded the case back to Tulsa County district court for a hearing. The trial court was instructed to notify the parties and the attorney general.
The case involves two women who were married in Canada in 2002. Four years later, one of the women filed for divorce in Tulsa.
A judge granted the divorce after a hearing during which no one mentioned the petitioner, Cait O’Darling, was wed to another woman, identified as Stephanie O’Darling.
A constitutional amendment adopted by voters in 2004 bans same-sex marriages in Oklahoma. A state statute also prohibits official recognition of same-sex marriages that take place outside Oklahoma.
Laurie Phillips, attorney for Cait O’Darling, was not surprised by the Supreme Court decision. “It was what I expected. Everybody is entitled to their day in court,” she said.
Phillips declined to say whether she would raise constitutional issues when a new hearing is granted.
The Supreme Court said the trial judge became aware that he had granted a divorce to a woman married to another woman only after he was informed of that fact by a reporter for the Tulsa World.
“The fact that the marriage was between two women was not mentioned at this hearing,” the state high court said.
“The court has power to vacate when the successful party acted improperly to obtain the decree, or if there was irregularity in obtaining the decree. Such actions are shown in the facts in the present matter,” the Supreme Court continued.
Cait O’Darling claimed she was denied her due process rights by the judge’s ruling and should have had the opportunity to appear before the judge to present evidence on the legality of her foreign marriage.