If i have a legal gay marriage in Mass. Do all of my rights still stand if i move to another state?

Question

This is sickening that i even have to ask this. Gay marriage should be legal everywhere.

can someone please leave me the website where they found this?

So if a straight couple got married, and then moved, they would have to get married again to be legally married in the state they moved to? that doesnt make any sense.. i just wish i could find a clear answer to this.

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

some one else on YA ..

"For many, such as myself, the issue isn't about marriage, per se. It is about legal entitlement to benefits. For instance, because there is no binding union between homosexuals in the majority of the USA, things like Wills, Power of Attorney, mortgages, etc. can end up in probate or in the hands of the person's family after death, not the person's partner. And that partner has no legal ground to stand on.

I personally don't give a wet slap if the church recognizes my nearly 6-year "marriage" to my "husband." I don't even care if the government does, but I do care if the government expects me to continue paying taxes without representing my community.

Unfortunately, due to the way our government is set up, it is the people of the US who have determined not to give homosexual partnerships legal status. Our country is about 80% Christian, and most of Christendom condemns homosexuals.

From an IRS perspective, as well, the government makes more money off

Answer 1

That's the big question - no one knows.

The Full Faith and Credit Clause of the US Constitution requires one state to honor the acts and decrees of another state. This would include marriages. But there is also a "public policy" exception, which may cover same-sex marriage.

Some will note (as you did) the unfairness of a couple being considered married in one state and not in another. Others will note the unfairness of one or more states changing their marriage laws and in effect forcing the rest of the country to accept same-sex marriage. People have widely differing views - hence the debate.

This issue must have come up before - when interracial marriages were illegal, and when polygamy was. So there may be some precedent. And I believe there was some attempt to make sure parents couldn't "forum shop" - go to court in a different state - to get a favorable child custody ruling if the first state went against them.

But I believe there is no clear-cut answer, which is one reason why some people have proposed a constitutional amendment. I believe that The Defense of Marriage Act, signed by President Clinton, allows states not to recognize same-sex marriages performed in other states, but this may not survive a court challenge.

Here is some information I found - I don't know anything about the website, but this may be helpful:

http://www.religioustolerance.org/hom_mar6.htm

PS Marriages contracted in one state are usually recognized in all other states, even if the people couldn't initially have been married in the state they move to. Yes, same-sex marriage is presently the exception. Again, this issue will wind its way through the courts.

Answer 2

Generally, the Full Faith and Credit clause has applied to marriage, so a marriage in one state would be recognized in another state. Even with the public policy exception, a common law marriage recognized by a state where such marriage is legal will generally be recognized in a state where it is not. Up until now, it was a given that states would recognize legal marriages recognized in any other state. However, the federal Defense of Marriage Act, along with many states enacting so-called "mini-DOMA's," has led to this not being so in the case of gay marriage. It is interesting to note that marriage law is traditionally state, not federal, law, so the federal DOMA should never have come about. So far no court has ruled against any of these laws. Until and unless it comes before the Supreme Court, states are free to not recognize an otherwise valid marriage if they choose not to.

Answer 3

With the enactment of the 1996 Federal Defense of Marriage Act, no state is required to recognize any marriage by persons of the same sex, even if it recognized by another state. It also states that the Federal government would not recognize any same-sex or polygamous marriage. Take a look at Marriagewatch.org for a complete list of states with DoMA laws, as well as recent court findings.

On a personal note, as a 30 year old, gay, male conservative, I take issue with, as a previous poster said, having the issue shoved down our collective throats. While I do believe DoMA is unconstitutional, there is little hope of striking it down considering the conservative Supreme Court which refuses to hear any cases challenging the law. Options, such as civil unions, have been presented and thrown back in the face of those willing to compromise. Proceed "Slow and steady", people, not "fast and reckless." Learn the art of compromise. Educate indviduals, not by screaming in their faces and media outlets, but by being a positive example and by being non-threatening.

Answer 4

That's the big question at the moment. Many states are saying no, they don't have to recognize it. Others argue that the Full Faith and Credit clause ("Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.") mean they should be recognized no matter which state the couple is in. This clause is why you can drive in other states (your drivers license is given full faith and credit in all states).

Personally, I don't see how it wouldn't hold up in other states. By that logic, someone could get married in Texas, go to Idaho, and marry a second person since they're not married in Idaho, over and over again until they have 50 marriages.

Answer 5

When are people going to learn that if you just keep trying to shove your pet issue down everybody's throat you are only hurting your own cause. Marriage has never been permitted to same sex couples, ever. You are a same sex couple, you want to change that. The majority says no. What do you do? Do you try to change people's minds? Do you accept something less but is an incremental step in your direction? No. you run to the most liberal state you can find, get them to grant you a license and then shove it down everyone else's throat.

I was just wondering. What is it you wish to accomplish? Do you want your sexuality accepted as normal or do you want to make other people resent you even more?

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Answer 6

Marriage licenses are similar to drivers licenses. They only apply to the State you are in. Since many States do not allow gay marriage, they do not recognize them either. Best to stay in Mass. if you want the rights. Not all States have all the same laws. Most State laws were voted on by the people who live there and are voted in to appease the majority. I am not sure how many States allow gay marriage but you may want to check and find another one that does if you wish to move.

Answer 7

Yes they do. Look in the U.S. Constitution. Some states have or are trying to pass laws whereas that state will not recognize it but the constitution states they must. The same as with a drivers license. Now states will attempt to deny the gay couple the rights and the case will need to be presented to the courts to decide. Until that happens then the other states will not recognize them.

Sensible man, you are wrong, all states recognize the drivers license of every other states.

Answer 8

This questions has not yet been resolved by the courts. But if you move to New York, VT, or Hawaii, you will have a better shot than if you move to Texas, Idaho or Michigan.

Answer 9

Our society is still back in the Stone Age when it comes to gay marriage. This is sickening for me to realize I do not know the answer to your question. The logical answer should be "Yes", but many things are against the logic in our society.

Answer 10

The answer is NO.