Same-Sex Couple Who Were Denied a Divorce File Again

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With same-sex marriages being held nationwide now, a woman in a same-sex marriage is trying again to file for divorce in Athens County.

According to records from Athens County Court, Brenda Mohney, of Athens,and Erin O’Leary, of Rockbridge, refiled for divorce on Tuesday, July 14.

In December 2014, the couple was granted a divorce, which was promptly reversed by Judge George McCarthy, because he did not recognize that he was granting it to a same sex couple. He said that he felt required to undo the divorce because of Ohio’s then-ban on same sex marriage.

When the United States Supreme Court ruled to make same sex marriage legal nationwide, they also ruled that states must also respect existing marriages made in other states where it was already legal.

Mohney and O’Leary were first married in California in 2008. They’ve refiled for divorce on the grounds that they’ve lived apart for more than a year.

Whether or not the divorce will be granted is unknown, as the case remains open.