A gay couple in Pennsylvania is drawing attention to a little-known legal limbo facing some same-sex couples in the wake of national legalization of gay marriage: they can’t get married because they’re technically father and son.
Nino Esposito and Roland “Drew” Bosee first met on Easter Sunday in 1970 and have been partners roughly ever since, the Pittsburgh Post-Gazette reports. They live in western Pennsylvania, where for many years Esposito was a teacher and Bosee worked as a freelance and technical writer, but where same-sex marriage has been legal only since 2014. In 2012, two years before that court decision legalized gay marriage in the state (and before a Supreme Court decision legalized it nationwide), Esposito, now 78, legally adopted Bosee, who is 10 years younger. It was a common strategy at the time for same-sex couples in Pennsylvannia to provide some of the legal protections of marriage, such as hospital visitation and inheritance rights.
‘[Adoption] gave us the most legitimate thing available to us,” Bosee told CNN of the adoption.
Esposito and Bosee applied earlier this year for an annulment of the adoption so they could get married. A local judge said he was “sensitive to the situation,” but cited Pennsylvania adoption law in denying their request. The couple’s lawyers have appealed the case to the Supreme Court of Pennsylvania. Pennsylvania Democratic Sen. Bob Casey rallied to their side this week, sending a letter to U.S. Attorney General Loretta Lynch requesting that the Department of Justice consider lending its support to their case.
“Our clients were deprived of their rights twice,” Andrew Gross, a lawyer for Esposito and Bosee, told the Post-Gazette. “They did the only thing they could do to become a family, and now they are getting hit a second time.”
Silent No More: Early Days in the Fight for Gay Rights
![00824980.JPG In commemoration of the 1969 Stonewall riots in Greenwich Village, militants this year designated the last week in June as Gay Liberation Week and celebrated with a candlelight parade. The parade involved 300 male and female homosexuals, who marched without incident two miles from Gay Activists headquarters to a park near City Hall.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-01.jpg?quality=75&w=2400)
![117102219.jpg When a bill guaranteeing equal job opportunities for homosexuals stalled in New York City Council last spring, militants demonstrated at City Hall. With fists raised, they shout a football style "Gay Power" cheer at police blocking the building.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-02.jpg?quality=75&w=2400)
![117102095.jpg Gay rights protest, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-03.jpg?quality=75&w=2400)
![00824985.JPG A homosexual activist steps between a pair of police horses to be interviewed during a New York demonstration. Militants often charge police brutality and welcome arrest for the sake of publicity. They also encourage press coverage of their protest actions.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-04.jpg?quality=75&w=2400)
![117134951.jpg Gay rights protest, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-05.jpg?quality=75&w=2400)
![117134944.jpg Gay rights protest, California, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-06.jpg?quality=75&w=2400)
![117114107.jpg Gay rights protest, New York, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-07.jpg?quality=75&w=2400)
![117102178.jpg Collared by a patrolman after he deliberately crossed police barricades at New York's City Hall, Gay Activists Alliance President Jim Owles submits to arrest. Members of his organization were protesting City Council reluctance to debate a fair employment bill for homosexuals.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-08.jpg?quality=75&w=2400)
![117134948.jpg Gay rights protest, New York, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-09.jpg?quality=75&w=2400)
![117102284.jpg Gay rights protest, New York, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-10.jpg?quality=75&w=2400)
![117102024.jpg Gay rights protest, New York, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-11.jpg?quality=75&w=2400)
![117134153.jpg Gay Pride, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-12.jpg?quality=75&w=2400)
![117102055.jpg Gay Activists Alliance, New York, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-13.jpg?quality=75&w=2400)
![117134271.jpg Gay rights rally, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-14.jpg?quality=75&w=2400)
![117134854.jpg Gay rights event, 1971.](https://api.time.com/wp-content/uploads/2014/10/141014-gay-rights-15.jpg?quality=75&w=2400)
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