Miscellaneous

Out-of-state = Still Married

By Anne Skove, Esq.

Public policy loves marriage almost as much as Elizabeth Taylor does.

Marriage is good. Without it, my feet would freeze and I'd eat Cup O' Noodles for dinner every night. Public policy hearts marriage because it creates a small bite-sized society. It's voluntary stability (in theory anyway).

Full faith and credit demands that State A respects a marriage conducted in State B, even if their laws differ. The exception is if State A has a strong public policy contrary to the State B marriage. That's how a common-law marriage formed in one state is valid when the couple moves to a state where no common-law marriage may be formed.

It also explains why states scrambled to "define" marriage. The defining supposedly demonstrates that the state has a strong public policy against same-sex marriage.

Now New York is respecting out-of-state same-sex marriages. According to the NCSL, New York is one of the few states without a provision prohibiting same-sex marriage, and without a statute or constitutional amendment defining marriage. So, although same-sex couples can't actually marry in New York, if they move there they still have a valid marriage.

See State Court Recognizes Gay Marriages from Elsewhere, Robert D. McFadden, New York Times (February 2, 2008). And if you're single (or a couple of non-chefs) see these handy ramen recipes.

Full post as published by court-o-rama.org on February 03, 2008 (boomark / email).