WorldWatcher
Gold Member
Different states can have different concealed carry rules, and people choose to go or not to go to a given state because of those rules. With marriage, why would one want to move into a state that doesnt want to support gay marriage if you are in one?
Because the States themselves have chosen to recognize Civil Marriage from other States. If a State were to choose not to recognize any Civil Marriage performed from another State I suppose that would be Constitutional.
Absolutely not: it would violate the full faith and credit clause.
No it wouldn't. States are not required to have Civil Marriage recognized in their laws at all. If a State were to choose to have no laws on Civil Marriage, there would be no laws that would need to recognize the Civil Marriage from another state.
It would work the same way it does now for same-sex couples that get a Civil Marriage in one state and move to a different State that doesn't recognize it. True, the couple is still Civilly Married as a function of law from the State they were married in, but in the new State the marriage is just not recognized.
The new State simply wipes all rights, responsibilities, and benefits from the books. No "married filing jointly" on state tax returns - everyone files as a single individual. No free transfer of property between spouses - above a "gift" threshold it becomes taxable income. The partner - who some might call a spouse - would not have medical decision making capability unless they obtained a medical power of attorney. No "assumed parentage" pertaining to fathers would exist for a child born - the father would have to adopt the child to be recognized as a legal parent. No automatic inheritance of an estate of someone's friend (i.e. spouse) dies and doesn't leave a Will. Absent a Will, and with no spouse, automatic inheritance normally goes to parents first and then siblings. State employees would not have spouses, so there would be no spouses on State employee health insurance plans , but of course if they were the legal parent of a child the child could still be on their plan. And there are probably hundreds of other examples state-by-state that have to change.
You wouldn't want the people of one state to be forced to recognize Civil Marriages that they don't want to recognize would you? If a State says "We want NO Civil Marriages" and they are forced to have them anyway by the federal government, why is that different than a State saying we don't want Same-sex Civil Marriages but the federal government shouldn't force them to recognize it because it's valid in another State?
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Don't get me wrong, I'm not silly enough to think that would ever happen. It won't. I'm just saying from a theoretical standpoint, that if a State wiped all aspects of the law from it's books - then it could, if it choose, not recognize Civil Marriages from another state as it would be treating all the citizens that reside in that state the same.
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