Saturday, August 21, 2010

Receive same-sex marriage in one state then move to another where gay marriage is illegal?

Let's say I want to live in California, but gay marriage just became illegal there (ugh.) So can I get a same-sex marriage in Connecticut (where gay marriage is legal) and then move to California? Will all the marriage rights translate or will our marriage become a 'civil union'?Receive same-sex marriage in one state then move to another where gay marriage is illegal?
No that's where DOMA comes in DOMA (The Defense Of Marriage Act) states that other states do not have to recognize same-sex marriages preformed in other states. DOMA has been used as an argument to extend this discrimination against other states recognizing domestic partnerships or adoption rights from other states.





If you get married in Connecticut and then move to California you and your same-sex spouse are strangers you do not even have a civil union you have to start from scratch and register your domestic partnership.





DOMA is unconstitutional and goes against the full faith and credit clause of the US constitution which would otherwise require states to honor marriages from other states.





Thanks to DOMA even with marriage in one state we are still denied the 1049 federal rights granted to heterosexual marriages because the federal government does not acknowledge our marriages.





That is why in addition to getting hate amendments like prop 8 over turned we must also remind President elect Obama of his promise to fight to overturn DOMA.Receive same-sex marriage in one state then move to another where gay marriage is illegal?
It depends on whether the State you're moving to recognizes the legality of your same sex marriage.





A little history:


The general rule under the ';Fair Faith %26amp; Credit'; provision of the US Constitution (Article IV, Section 1) is that a State has to uphold the records/acts/rulings of another State....which means that heterosexual couples can get married in Connecticut and if they move to Florida the State of Florida will legally acknowledge their marriage because they give ';full faith and credit'; to the marriage license that was obtained in Connecticut.





This is not the case with same-sex marriage because in 1996 Congress passed the Defense of Marriage Act (DOMA) which says that no State will be required to recognize a same-sex marriage even if that marriage is legal in another State. So, in my example above, a same-sex couple could legally be married in Connecticut, but because Florida has a ban on same-sex marriage, Florida doesn't have to recognize the Connecticut marriage license.





The answer:


If you're legally married in a State that recognizes same-sex marriage, and move to a State that has passed a same-sex marriage ban, then your marriage will not be recognized. If the State you move to recognizes Civil Unions, but not same-sex marriage, then it's same to assume that your marriage will be treated as a Civil Union in that State. If the State you're moving to has no legislation on the matter (i.e. they haven't banned same-sex marriage and they haven't passed any DOMA related legislation), then under the Constitution, your marriage should be recognized. Currently, I believe New York, Rhode Island, and New Mexico recognized legal same-sex marriages from other States.









im not sure but i've been thinking of this as well. because i wouldnt mind going to like connecticut to get married but i dont necessarily want to live there.
There are some states that recognize same-sex marriages from other states. But most do not. I think CA does not recognize those marriages.

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