ALLEGHENY COUNTY, Pa. — Though the Supreme Court made same-sex marriage legal in all 50 states earlier this year, one couple in Pennsylvania is facing another legal hurdle in getting hitched.
According to CNN.com, Nino Esposito and his partner Roland “Drew” Bosee hope to get married. The problem: the two are legally father and son.
Esposito adopted Bosee in 2012 after the two had been a couple for more than 40 years, according to CNN.
Bosee said that they went through with the adoption because it “gave us the most legitimate thing available to us” at the time.
Now he and his partner are looking to reverse the adoption so that they may get married. But a judge rejected their request, saying that in most cases adoption can only be annulled in instances of fraud.
CNN reports the couple’s case is not an outlier; there have been other cases of same-sex persons going through adoption as a way to “protect their relationship.” The couple says it has known others who have successfully annulled their adoptions in similar situations.
Judge Lawrence J. O’Toole, of the Court of Common Pleas of Allegheny County, ruled against the couple, saying he was “sensitive to the situation” but that they cannot get married “because they are legally father and son.”
“We had our $80 in cash and we were ready to go across the street to get our license. Judge O’Toole had other ideas,” Esposito told CNN.
Pennsylvania Democratic Sen. Bob Casey sent a letter Monday to Attorney General Loretta Lynch, asked that the Justice Department weigh in on the side of the couple.
Meanwhile the ACLU is hopeful that a Superior Court will establish legal principles that will help make cases like Esposito and Bosee’s more easy.