Gay couple Nino Esposito and Drew Bosee can’t marry because they’re

Nino Esposito, a retired teacher, adopted his partner Roland “Drew” Bosee, a former freelance and technical writer, in 2012, after more than 40 years of being a couple.

Nino Esposito actually adopted Drew Bosee in order to obtain legal benefits for one another, including medical and inheritance rights.

But in their attempt to get married they have hit a very unusual road bump, because they’re technically father and son.

The pair have fought a court battle over the issue – but their request was rejected by a trial court judge, who says that he only has the ability to annul adoptions in instances of fraud.

A Pennsylvania couple wants to get married and that should be no problem for them, now that same-sex marriage is legal across the country.

ACLU Pennsylvania told CNN it does not believe the judge was unsympathetic, but believes the legal path should be “forged by an appellate court”. Adopting a partner has been a common way of gaining legal stature for gay relationships. State courts have handled this differently with a few allowing gay couples to annul their adoptions and others refusing to do so. The couple’s lawyers have appealed the case to the Supreme Court of Pennsylvania. Bosee added that they took “the most legitimate thing available” to them. Not sympathetic to grant them the annulment on the adoption, citing the legal adoption. However, Esposito and Bosee are going to continue the fight, and even their senator, Bob Casey, has gotten involved.

“It’s sort of ironic that by doing the adoption, we thought we were getting ahead of the game”, Bosee told the Daily News.

This means that their wedding plans are now sadly on hold as they rally around support.

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.

“We had our $80 in cash and we were ready to go across the street to get our license”, Espoito said. ‘In adoption cases such as these, the law has changed dramatically since the adoptions were first carried out’. “Judge O’Toole had other ideas”.

Dena Iverson, a Justice Department spokeswoman, said the department received Casey’s letter and is reviewing his request.