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Nebraska: Lesbian Couple Asks Court for Divorce

Nebraska: Lesbian Couple Asks Court for Divorce

Nebraska: Lesbian Couple Asks Court for Divorce

Two women are challenging the state's own Defense of Marriage Act by asking for their union to be dissolved.

The fight for marriage equality is expanding each day. But for two women in Nebraska, the hope isn't to create a union -- it's to dissolve one.

According to the Lincoln Journal Star, Margie and Bonnie Nichols have asked the Nebraska Supreme Court for permission to divorce her wife following a district court ruling against said right.

“A finding that the marriage is irretrievably broken — by its very nature — cannot be made without recognizing the marriage itself," Lancaster County District Judge Stephanie Stacy writes in her ruling, "and it stretches logic and common sense to conclude otherwise."

Stacy's ruling was made with the backing of Nebraska's own Defense of Marriage Act, passed by voters in 2000. Nebraska Attorney General Jon Bruning has asked the Supreme Court to uphold the ruling, claiming that divorce is not a right.

The Nichols' wedding took place in Iowa in 2009. The couple had entered into a civil union back in 1996, as well as having a child together in 2003, the Star reports, citing court documents.

Should either Margie or Bonnie attempt to marry again -- even if they chose to marry a man -- they would violate bigamy laws and face potential jail time.

“They want to terminate this contract just as anyone else in our state has the right to dissolve their marriage,” Bonnie's attorney Megan Mikolajczyk told the Star. “They both would like the opportunity to move on with their lives, and you can’t really do that if other states and the federal government perceive them as still married.”

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Kevin Okeeffe