Decades ago, when the idea of marriage equality seemed distant, Nino Esposito and Roland Bosee Jr. entered into an adoption to secure basic rights.
Now, with marriage equality legal across the country, the couple has been unable to secure court approval to annul the adoption in order to receive a marriage license.
“We just feel that marriage is a stronger issue. We wanted a real family. We don't have any family,” Esposito said. He has been with Bosee for 45 years.
Their case spurred U.S. Sen. Bob Casey (D-Pa.) to send a letter to Attorney General Loretta Lynch, asking the Department of Justice to issue legal guidance that would encourage state courts to allow such adoptions to be annulled. Casey met with the couple Friday in Pittsburgh.
“If the Justice Department does this and goes forward, I think it would be a persuasive and powerful statement,” Casey said.
In 25 states, including Pennsylvania, such a move could be considered incest and is punishable by up to 10 years in prison.
“The fact that we resorted to adoption based on a wrong that the legal system was perpetrating upon us, we feel now that we should be able to undue our annulment and get married. It's a legal right that we're entitled to,” Bosee said.
Their case is pending in the state superior court.
The couple’s attorney said they’re waiting for a date for oral arguments.
