Same-Sex Marriage

After the Supreme Court ruled in June 2015 that gay marriage is legal in all 50 states, thousands of same-sex couples got their marriage certificates. It has been a joyful time for many, as they have finally been able to exchange their vows with those who they have loved for years. Despite all of the joy and freedom this has given the majority of same-sex couples, there have been some struggles along the way.

• Some county clerks have decided they do not want to issue the marriage certificates to same-sex couples because it interferes with their religion.
• Some businesses have stated they do not serve same-sex couples.

While the courts have ruled in favor of the gay couples every time, it has been something that has put a damper on some couple’s excitement. Now, there is a couple who wants to get married, but legally they are not able to because father and son want to marry. The reason is one you might not expect: legally, they are father and son.

Father and Son

Nino Esposito is a 78-year-old retired teacher and his longtime partner Roland Bosee is a 68-year-old former freelance writer. Esposito legally adopted Bosee in 2012 after they had been in a relationship for over 40 years. They didn’t think they would live to see the day where same-sex marriage was legalized nationwide, so they did this in an attempt to become a family. The couple lives in Pennsylvania, where same-sex marriage was actually legal before the Supreme Court made it a federal law. Since May 2014, same-sex Pennsylvanian couples have been legally allowed to marry one another, and ever since then, the couple has been trying to get the adoption annulled so they can get married.

Adopting Partners a Common Practice

While this story sounds rather bizarre, same-sex couples becoming legally father and son or mother and daughter through adoption is more common than you might think. Of course, it’s difficult to give an estimate on how many couples nationwide went this route, but there have been many cases in which couples have sought to have their adoptions annulled, and some have been successful. In fact, Esposito and Bosee know of several couples who have had success in getting their adoptions annulled so they could legally marry. However, they did not get the same results when they took their case to a judge.

Cases of Fraud

Getting adoptions annulled can be difficult. Often, adoptions are only annulled when fraud is suspected. Esposito and Bosee went about their adoption legally, so there is no fraud in this situation. Judge Lawrence J. O’Toole, who ruled against the couple, said he is not trying to do anything to go against the couple. He is sensitive and understands what the couple is trying to do, however he feels he does not have the legal authority to annul their adoption.

ACLU Involvement

The American Civil Liberties Union is supporting the couple and trying to help their get their adoption annulled. They recognize that Judge O’Toole has no ill intent in not granting the annulment, but they hope they can get the decision overturned so the couple can get legally married and enjoy the rights every other married couple has.

Optimistic About the Future

When Esposito and Bosee went to get their adoption annulled, they had plans to get married the same day. They didn’t expect any resistance or problems, so they were a bit surprised when they weren’t successful. However, there is a good chance their adoption will eventually be annulled. Since things have changed quite a bit since the ruling, there has been some confusion about what is legal and what is not, which is likely what led to the judge’s hesitation in annulling the adoption. Hopefully, they will eventually be successful so they can finally marry.