Judge refuses divorce in same-sex case

TULSA, Okla. (AP) - A judge today refused to grant a same-sex divorce for an Oklahoma woman who married in Canada and filed paperwork two years ago in a Tulsa court to end her union.

Special Judge Robert Perugino sided with the Oklahoma Supreme Court, which ruled that a judge correctly set aside a divorce he granted between Cait and Stephanie O'Darling because he was unaware both were women.

The state's highest court sent the case back to district court to allow petitioner Cait O'Darling a chance in a hearing to explain why she was entitled to a divorce.

Perugino, however, said no documents supporting Cait O'Darling's contention that the marriage was valid were provided to the court.

Initial court documents in the case stated the couple were wed in Canada in 2002, but that year was recently changed to 2003 in one court document.

Laurie Phillips -- one of O'Darling's attorneys -- declined to comment.

Oklahoma adopted a law that bars same-sex marriages and another law prohibits official recognition of same-sex marriages that take place outside Oklahoma.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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