To: BikerNYC
Good point. Do you know of any case law on this? The only two case-types that I can think of that would have been possible to date are 1) interracial marriage, when that was still illegal in some states, and 2) marriages involving one or more parties who were underage in a state they were living in, but whose marriage had been legal under the marriage-age laws of the state where they were married (still a lot of state law differences there, to this day).
To: GovernmentShrinker
Longstanding precedent from around the country holds that a state need not recognize a marriage entered into in another state with different marriage laws if those laws are contrary to strongly held local public policy. The "public policy doctrine," almost as old as this country's legal system, has been applied to foreign marriages between first cousins, persons too recently divorced, persons of different races, and persons under the age of consent. The granting of a marriage license has always been treated differently than a court award, which is indeed entitled to full interstate recognition. Court judgments are entitled to full faith and credit but historically very little interstate recognition has been given to licenses.
For example, a state need not recognize an individual's license to practice law in another state.
37 posted on
03/23/2004 5:44:57 PM PST by
BikerNYC
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