Tuesday, August 24, 2010

If homosexuals got legally married in a place that allows it and then moved to a different ?

state or country that doesn't permit homosexual weddings, would they still be considered married by the authorities in the new place?





Just wondering, not planning on becoming homosexual, getting married or moving state.If homosexuals got legally married in a place that allows it and then moved to a different ?
As the law currently stands, not within the United States. In 1996, Congress passed a law called the ';Defense of Marriage Act'; that allows a state to decide for itself whether it will recognize a different state's or a different country's same-sex marriage license.





Critics of this law suggest that the law violates a provision of the Constitution called the ';Full Faith and Credit'; clause, which is Article IV, section 1 of the Constitution. The law's defenders say that this law is actually an exercise of Congress' powers under that clause to decide what obligations must or must not be recognized across state lines. No definitive resolution of this issue will be reached until and unless the Supreme Court weighs in on it, which has not happened yet.





Particularly after one or two Justices on the Court changes over the next several years, look for a same-sex couple married in California to move to another state and to demand that the new state recognize their California marriage license. They will lose all the way through their state's court system and then take the matter to the U.S. Supreme Court.If homosexuals got legally married in a place that allows it and then moved to a different ?
The USA has a law that states, Every state shall honor contracts made in every other state. So a marriage contract would have to be honored by other states.


What is a contract?


Normally, a contract consists of voluntary promises between competent parties to do, or not to do, something, which the law will enforce. These are binding promises, which often can be oral but are almost always more enforceable if written. Depending on the situation, a contract could obligate someone even if he or she wants to call the deal off before receiving anything from the other side. The details of the contract (who, how, what, how much, how many, when, and so on) are called its provisions or terms.



It depends on the state. There are only a select few states which recognize homosexual marriage or civil unions. They are not recognized at the federal level, so each state has it's own laws on whether or not it gives recognition to homosexual marriages from other states. So it is certainly possible that the marriage or civil union of a homosexual couple in one state will not be given any legal recognition in another state.
Technically, as it states in the Full Faith and Credit Clause [art. 4 sec. 1 clause 1] of the Constitution, each state has to respect and abide by ';judicial proceedings'; carried out by other states.





So, technically, yes. For states, at least. But, especially in the south, they like to ignore this and say they're not married.





As for countries, it doesn't have to be acknowledged.
States could decide to recognize such marriages from other states even if they do not allow them to be performed in the state.





So far, however this has not happened. In fact the general climate is to try to prevent this as much as possible.
This is America. Once you are married, all states should honor the status.





If Conservatives has their way they want to dictate their marriage term to others. If we do the same to them, they cry oppression.





Whiny and fascists at same time.



Depends on where they move. NY will now recognize out of state gay marriages, but most other places will not.
No, the marriage would not be recognized in states or nations where same-sex marriages are not authorized.
Once you are married you can move anywhere

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