A lesbian couple have taken their case to Maryland's highest
court after being denied a divorce in 2010.
Jessica Port and Virginia Anne Cowan were married in California,
but were denied a divorce by a Maryland judge under the conclusion
that their marriage is not valid under state law.
The couple were told by Judge A. Michael
Chapdelaine: "The Court finds that to recognise the alleged
marriage would be contrary to the public policy of
However, lawyers involved in the case have said that Maryland
judges have previously granted divorces to other gay couples.
Shannon Minter, legal director for the National Center for
Lesbian Rights in San Francisco said divorces 'shouldn't depend on
what judge you get'.
Ms Port and Ms Cowan were married in California in 2008,
during a window when gay marriage was legal in the
It is not known when the Court of Appeals will rule their
Gay marriage and divorce is set to become legal in
Maryland in January 2013.