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Lv 4
? asked in Politics & GovernmentLaw & Ethics · 10 years ago

What happens when a same sex marriage moves to a state where it is illegal?

Just a random question this, but it is something I've wondered about idly. As it stands, Same-sex marriages are only recognized as being legal (note: legal in the sense as being recognized in court) in a handful of states. In others they're not recognized legally. Given this, what would happen hypothetically happen if a couple were to move from one state where their marriage was considered legal, to another where it wasn't? Would the marriage be recognized, considered a civil union, annulled, or what?

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  • 10 years ago
    Favorite Answer

    I would say they are still married in some aspects, but it may not cover everything. For their federal taxes they can still file married for instance.

    I would think it would follow the same rules as a common law marriage. Not all states have them, and those that don't often don't really recognize them. I was common law married in AL, but in GA we had to get a civil union so I could get on his insurance, and at one point even to visit him in the hospital.

    To get the civil union in GA we had to have some papers notorized saying we had a civil union. This may differ from gay marriage, as they already have a notarized paper. For a common law marriage in AL, we didn't have any paperwork.

    You can be married in one state, and still not be considered married in another state. I know this from personal experience, not just from a clause in the law somewhere.

  • 10 years ago

    If a same-sex couple were to leave a state where same-sex is recognized to a state where it is not, then the marriage wouldn't be legally recognized.

  • Anonymous
    10 years ago

    It is not recognized as a marriage if you move to from a pro same sex marriage state to a non. You are seen as a civil union, but not actually married.

  • ?
    Lv 7
    10 years ago

    You are recognized as married.

    That's what the "full faith and credit" clause of the constitution means.

    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.

    http://www.constitutionfacts.com/?section=constitu...

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  • Anonymous
    10 years ago

    The marriage would still be considered binding and legal. It's the same case when any other married couple moves to a different state.

  • Anonymous
    10 years ago

    It would simply not be recognized.

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