When same-sex marriage was declared legal in all 50 states in June, Pennsylvania couple Nino Esposito and Roland Bosee were ecstatic about their chance to be wed. But one glaring issue stood in the way –– they are legally father and son.
According to CNN, Esposito, 78, legally adopted Bosee, 68, after 40 years of being together so they’d be granted legal rights as a family, such as insurance benefits and hospital visitation rights. Now that same-sex marriage is legal, they want to have their adoption reversed.
A Pennsylvania trial judge has denied their claim, citing “his ability to annul adoptions is generally limited to instances of fraud.”
“We don’t believe the Pennsylvania judge who refused to annul this adoption was unsympathetic,” said Witold Walczak, the Legal Director of the ACLU Pennsylvania, “he simply felt that the legal path to doing so should be forged by an appellate court.”
“The ACLU is hopeful that the Superior Court will apply established legal principles to allow annulment of adoptions by same-sex couples who that they can finally partake of their constitutional right to marry,” Walczak said.
Esposito and Bosee know of other gay couples who legally adopted their mate and have had the chance to overturn the adoption for marriage, so they want the same treatment. Via CNN:
Pennsylvania Democratic Sen. Bob Casey, in a letter Monday to Attorney General Loretta Lynch, asked that the Justice Department weigh in on the side of Esposito and Bosee.
“LGBT couples should have the right to obtain a marriage license, no matter the state or jurisdiction in which they reside,” Casey wrote. “In adoption cases such as these, the law has changed dramatically since the adoptions were first carried out.”
The Justice Department is reviewing the request.
Even though their plans hit a snag, Bosee and Esposito are cautiously going forward with planning their wedding.
SOURCE: CNN | PHOTO CREDIT: Getty