This section contains the nature of the case and procedural background.

On May 26, 2004, Rhode Island residents Margaret Chambers (P) and Cassandra Ormiston (D) traveled to Massachusetts and applied for a marriage license in that state. A Massachusetts justice of the peace performed a marriage ceremony in Fall River, Massachusetts. The couple returned to Rhode Island, where they resided together until they decided to seek a divorce. P filed a petition for divorce in the Family Court, and D filed an answer and counterclaim. The Chief Judge of the Family Court certified to this Court a question as to whether or not the Family Court has subject matter jurisdiction to grant a petition for divorce with respect to a same-sex couple. Rhode Island does not recognize same-sex marriages. The Family Court responded to the Court’s request on February 21, 2007. The Family Court set forth its conclusion that the case presented an actual case or controversy, that the Full Faith and Credit Clause was relevant, and that the Defense of Marriage Act had only 'nominal' effect.

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