ATHENS, Ohio — An Ohio judge said he was unaware that both parties in a divorce case were women when he signed a judgement last week granting their divorce.
The Columbus Dispatch reports that Athens County Common Pleas Judge George McCarthy approved the divorce on Nov. 25, but said he was unaware the petitioners were of the same sex.
He said he plans to hold a hearing in the next few weeks so he can offer his reasoning for why he likely will vacate his ruling on their divorce.
Citing a federal appeals court decision last month that upheld Ohio’s statewide ban on same-sex marriage, McCarthy said that decision likely invalidates his judgment to grant a divorce to the former couple.
He added that same-sex divorces exist in a kind of legal gray area for Ohio judges.