IF A GAY COUPLE IS LEAGELLY MARRIED AND MOVE TO A NOTHER STATE, WILL THEIR MARRAGE STILL BE LEGAL? COULD THEY FILE FOR DIVORCE?
2006-10-25 13:35:27 · 24 answers · asked by dumbblond 3 in Family & Relationships ➔ Marriage & Divorce
I just read that New Jersey has just passed a law alowing gay marrage.
2006-10-25 13:46:17 · update #1
A same sex couple can get legally married in only one state, Massachusetts. Connecticut, Vermont, and California have created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state law to same-sex couples. The majority of the other states have adopted DOMA (defense of marriage act) type laws
which deny the rights of responsibilities of contracts between same sex partners.
In 1996 the federal government passed DOMA, in which marriage was explicitly defined as a union of one man and one woman for the purposes of federal law. Thus, no act or agency of the U.S. federal government currently recognizes same-sex marriage.
The current laws make the whole issue a mess. If one is legally married in one of the above mentioned states and the marriage is dissolved, it would be very important to file for divorce but it would have to be done within the granting jurisdiction of the marriage.
2006-10-25 14:18:08 · answer #1 · answered by ditsyquoin 4 · 0⤊ 1⤋
The only state that has legal marriage is Massachusetts. The marriage is only binding in that state. There are other places that will acknowledge the union. So there is no need to get a divorce unless move back to Massachusetts.
2006-10-25 20:39:24 · answer #2 · answered by coolsitesguy 3 · 0⤊ 1⤋
They would have to file for divorce in a state that allows gay marriage or it wouldn't be recognized... If they lived in a state that didn't recognize gay marriage I don't think they would have any rights or benefits of a married couple.
2006-10-25 20:41:11 · answer #3 · answered by david n 3 · 1⤊ 1⤋
If the state you moved in does not recognize gay marriage then your marriage on that state you moved in means nothing.
2006-10-25 20:40:06 · answer #4 · answered by Mt. Kilimanjaro 2 · 0⤊ 1⤋
yes it would still be legal. no different than a non gay couple getting married in one state and then moving to another..
i was married to my husband in va and it is still legal here in nc. just because they are gay doesnt make the marriage any less valid than mine. i wish it were more widely accepted.
2006-10-25 20:39:33 · answer #5 · answered by sesamenc 4 · 0⤊ 2⤋
No for the gay marriage right now only the states that allow it right now will consider you married. Other states will ignore it.
2006-10-25 20:37:17 · answer #6 · answered by Lizzie M 2 · 0⤊ 2⤋
Native New Yorker You are forgetting about Canada, i know that is another country, but it is legal there. I don't know how it works though if you live there, get married then move here..... I wonder.
2006-10-25 20:39:40 · answer #7 · answered by ee 5 · 0⤊ 1⤋
I would assume it wouldn't if the state they move to doesn't recognize it. As for a divorce I would say if the state doesn't recognize their marriage then there shouldn't be a need to file.
2006-10-25 20:37:29 · answer #8 · answered by ? 5 · 0⤊ 3⤋
That is all up in the air right now. We are going through another social change in this country, and all the laws haven't caught up!
2006-10-25 20:37:22 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Well I would hope so....I mean they want to be married right....so let them suffer like the rest of us and get a divorce. Equal rights to hell if you will LOL
2006-10-25 20:40:37 · answer #10 · answered by oldman 4 · 1⤊ 1⤋