For 45 years, Nino Esposito and Drew Bosee, a gay couple living in Pennsylvania considered one another family.
Before the U.S. Supreme Court ruled to allow gay marriage, many gay individuals had to find creative ways of obtaining legal rights for their partner. Some couples even chose to go the route of adoption to avoid the taxes that went along with a person bequeathing one’s estate to a non-family member. This was far from ideal, but for Esposito and Bosee it was one of the only options available to them.
“We wanted a real family. We have no family. Our parents are dead. We wanted to be a family.”
So, in 2013 Esposito adopted Bosee and legally became his father.
However, once same-sex marriage became legalized earlier this year, the couple petitioned to reverse their adoption, so they could get properly married. Unfortunately, the judge denied their petition believing he had no jurisdiction to annul their adoption.
“We had our 80 in cash and we were ready to go across the street to get our license,” Esposito said. However, that was not meant to be.
The couple is not giving up, though, and many people are advocating on their behalf.
Pennsylvania Democratic Senator Bob Casey, in a letter Monday to U.S. Attorney General Loretta Lynch wrote: “LGBT couples should have the right to obtain a marriage license, no matter the state or jurisdiction in which they reside. In adoption cases such as these, the law has changed dramatically since the adoptions were first carried out.”
Witold Walczak, the Legal Director of the ACLU Pennsylvania said: “The ACLU is hopeful that the Superior Court will apply established legal principles to allow annulment of adoptions by same-sex couples so that they can finally partake of their constitutional right to marry.”