NationStates Jolt Archive

Say a gay couple gets married in a state where it's legal, but then they move into a state where it is illegal. Would they still be married? Or would they have to get divorced? I myself am not sure about this. So, can anyone tell me what would happen?


P.S.: LET THEM MARRY WHO THEY WANT! (No Further Comments On This Please)

That's one of the complications of the gay marriage bans. The Constitution requires states to recognize marriages made in other states, and so if a married gay couple goes to a state where it's banned, they have to be recognized. However, that violates the ban and raises questions of state sovreignity, which leads to more issues. The safest bet is to either get government out of marriage altogether or legalize gay marriage in all states.

Say a gay couple gets married in a state where it's legal, but then they move into a state where it is illegal. Would they still be married? Or would they have to get divorced? I myself am not sure about this. So, can anyone tell me what would happen?


P.S.: LET THEM MARRY WHO THEY WANT! (No Further Comments On This Please)Technically, in the eyes of that State, I believe their marrage would not be reconized. They would be married but not have the rights.

I don't think they'd have to get divorced; only a recognised marriage can be divorced. But I don't live in the States.

US Constitution, Article IV, Section 1:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

By the Constitution, yes.

By reactionary judges in the various States and by tyrrany of the majority in several States who recently passed amendments to their State constitutions, no.

So, we have to decide which has the power in this matter: The US Constitution or State's Rights.

It's a battle royale. In the past, however, State's rights have almost invariably lost in such matters. So ... the whacko religious fundies may have their moment in the sun now, but it will fade and they will have to find a new Cause of the Month(tm).

It's a battle royale. In the past, however, State's rights have almost invariably lost in such matters. So ... the whacko religious fundies may have their moment in the sun now, but it will fade and they will have to find a new Cause of the Month(tm).

Heh. Cause of the month! :p

But if you're gay in Alabama, Texas, South of Mason-Dixon Line, etc., don't do this: :fluffle: :fluffle: :fluffle:

How interesting. That dual-layer governance make for such fascinating legal conflicts, doesn't it?

However, and note, I am NOT morally or legally equating the two, does this not mean that if one state allowed marriage at an earlier age than another, a young, foolish couple could elope there and it be recognised back at home?

How interesting. That dual-layer governance make for such fascinating legal conflicts, doesn't it?

However, and note, I am NOT morally or legally equating the two, does this not mean that if one state allowed marriage at an earlier age than another, a young, foolish couple could elope there and it be recognised back at home?I believe the Age of consent for marrage is set on a Federal Level. Could be wrong tho.

Say a gay couple gets married in a state where it's legal, but then they move into a state where it is illegal. Would they still be married? Or would they have to get divorced? I myself am not sure about this. So, can anyone tell me what would happen?


P.S.: LET THEM MARRY WHO THEY WANT! (No Further Comments On This Please)


This happened in the 1950s and 1960s -- just substitute the word interracial for gay.

The answer was, sometimes, the married couple was arrested and put in jail because it was illegal in the state they lived in.

I believe the Age of consent for marrage is set on a Federal Level. Could be wrong tho.

No, varies from state to state.

No, varies from state to state.ah, then if that is correct (not saying it isnt) then the marriage from one state would not be considered legal in another state until either their Guardians approve or they reach the age of consent.




I think.

Say a gay couple gets married in a state where it's legal, but then they move into a state where it is illegal. Would they still be married? Or would they have to get divorced? I myself am not sure about this. So, can anyone tell me what would happen?


P.S.: LET THEM MARRY WHO THEY WANT! (No Further Comments On This Please)
According to the Defense of Marriage Act, which was passed when Hawaii's Supreme Court was toying with the idea of saying same-sex marriage was required under the state constitution, the states do not have to recognize same-sex marriages performed and legal in other states. It has never been challenged in federal court because until recently, it was never an issue.

Personally, I think DOMA is unconstitutional, and I think same-sex marriage is covered by the Full Faith and Credit Clause as others on this thread have said. Justice Scalia, in his dissent in Lawrence v Texas said that if the state has no place in legislating moral conduct, then there's no legal bar to same-sex marriage. He thinks the state has a place to legislate morality, and so if a DOMA challenge came before the court, he would no doubt contort himself legally in order to get the result he wants. What would happen before this court is really up in the air--Anthony Kennedy would be the swing vote, I'd be willing to bet.