recognize Gay marriage... I got a question on that

[Chibibar]

http://www.usatoday.com/news/nation/200 ... odule_News

D.C. finally pass a law that would honor same sex marriage. It is a small step, but a good step.

I wonder states that have laws against same sex marriage would probably not honor marriage done in other state (that is same right) right?

 

[Dubyamn]

As far as I know what one state gives the other states have to honor. So even though on the books the law says no recognizing of gay marriage the gays who were legally married in CA or DC still get the same rights.

 

[Steven Soderburgin]

As far as I know what one state gives the other states have to honor. So even though on the books the law says no recognizing of gay marriage the gays who were legally married in CA or DC still get the same rights.

Nope. This is wrong unless the marriage is federally recognized (no same-sex marriages are federally recognized). In fact, any state that has a law or constitutional amendment saying that they will not recognize same-sex marriage usually specifically have a clause saying they will not recognize same-sex marriages from other states.

 

[Covar]

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.

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

Those should answer your question. Worth noting there is nothing in there about U.S. Territories so not sure how or even if this would apply in those.

 

[Chibibar]

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.

[quote="Article IV Section II of the U.S. Constitution":3oy6x1b0]The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

Those should answer your question. Worth noting there is nothing in there about U.S. Territories so not sure how or even if this would apply in those.[/quote:3oy6x1b0]

I remember those from history lesson, but the article struck me that they actually have to pass a LAW to recognize same sex marriage.... not ALLOW, but recognize.

Hence the question.

 

[Steven Soderburgin]

It's because of the Defense of Marriage Act (or DOMA) which was passed in 1996.

From Wikipedia:

The law has two effects:

1. No state (or other political subdivision within the United States) needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.
2. The federal government defines marriage as a legal union exclusively between one man and one woman

 

[Dubyamn]

As far as I know what one state gives the other states have to honor. So even though on the books the law says no recognizing of gay marriage the gays who were legally married in CA or DC still get the same rights.

Nope. This is wrong unless the marriage is federally recognized (no same-sex marriages are federally recognized). In fact, any state that has a law or constitutional amendment saying that they will not recognize same-sex marriage usually specifically have a clause saying they will not recognize same-sex marriages from other states.

Fair enough I was going off of the idea of a marriage license being like a drivers license which states do recognize across state lines even if the driver doesn't qualify for the license in their state.

 

[Chibibar]

As far as I know what one state gives the other states have to honor. So even though on the books the law says no recognizing of gay marriage the gays who were legally married in CA or DC still get the same rights.

Nope. This is wrong unless the marriage is federally recognized (no same-sex marriages are federally recognized). In fact, any state that has a law or constitutional amendment saying that they will not recognize same-sex marriage usually specifically have a clause saying they will not recognize same-sex marriages from other states.

Fair enough I was going off of the idea of a marriage license being like a drivers license which states do recognize across state lines even if the driver doesn't qualify for the license in their state.

Yea I know that licenses usually transfer (like Driver Licenses) but some stuff like Real Estate License doesn't quite work (you need to test it. I know my sister did this when she has a valid Texas license, but need to test for Oregon License.