Tuesday, December 23, 2014
ATHENS, Ohio (AP) — A southeast Ohio judge who mistakenly approved a divorce between two women has vacated that decision because their marriage isn’t recognized under state law.
The Athens Messenger reports Brenda Mohney and Erin O’Leary married in California in 2008. The newspaper says only Mohney appeared during the proceedings and an Athens County judge didn’t realize both parties are women when he approved a magistrate’s decision to grant the divorce.
Judge George McCarthy concluded he had to undo his decision, saying he couldn’t approve a divorce when the union isn’t legally valid under Ohio’s gay-marriage ban. He vacated his decision late last week after scheduling hearings to explain the situation.
He says it’s an issue of jurisdiction and doesn’t reflect any personal view of the women or their relationship.