But we're not talking about individual marriages, are we? We're talking about the institution of marriage. And if two guys can get married, why not two guys and a gal, for example? And thanks to the full faith and credit clause, if I understand this correctly, can't MA use that to shove their definition of marriage down the rest of the nation's colective throat? If so, marriage as an institution is meaningless.
"Despite the basic rule that a marriage valid where contracted is valid everywhere, the courts and validation statutes have universally recognized a number of exceptions, which may be condensed and simply stated as follows: A marriage valid where contracted will nevertheless not be recognized as valid in the forum state if such recognition would be contrary to a strong public policy of the forum state. Restatement (Second) of Conflict of Laws 283(2) comment f (1971) (marriage valid where contracted will be recognized as valid everywhere unless it violates the strong public policy of another state which has the most significant relationship to the spouses of the marriage); e.g., Fattibene v. Fattibene, 183 Conn. 433, 441 A.2d 3 (1981) (Connecticut need not recognize marriage that violates strong public policy of state); In re Estate of Loughmiller, 229 Kan. 584, 629 P.2d 156 (1981) (listing exceptions to validation statute, including marriage that is polygamous, incestuous, or prohibited by the state for public policy reason); K. v. K., 90 Misc. 2d 183, 393 N.Y.S.2d 534 (Fam. Ct. 1977) (court called upon to decide whether law of Poland, which requires civil ceremony in addition to religious ceremony, was repugnant to law of New York); Kelderhaus v. Kelderhaus, 21 Va. App. 721, 467 S.E.2d 303 (1996) (general statement that marriage's validity is to be determined by law of state where marriage took place, unless result would be repugnant to Virginia public policy).
There are three commonly recognized categories of marriages contracted in another state that will not be recognized in the forum state. First, marriages that are contracted by domiciliaries of the forum state in another state for the express purpose of evading the law of the forum state are deemed invalid. E.g., Loughran v. Loughran, 292 U.S. 216 (1934) (marriage entered into in Florida, in violation of D.C. prohibition against remarriage within certain amount of time after prior divorce, invalid in D.C.); Barbosa-Johnson v. Johnson, 174 Ariz. 567, 851 P.2d 866 (Ct. App. 1993) (appellate court holding that evidence did not sustain finding that parties had married in Puerto Rico for the purpose of evading the law of Arizona). See generally Uniform Marriage Evasion Act, 9 U.L.A. 480 (1942) (N.B.: The Uniform Marriage Evasion Act is superseded by the Uniform Marriage and Divorce Act, and was officially withdrawn from consideration by the drafters in 1943).
Second, states have refused to recognize marriages that are solemnized in sister states when the parties are of a level of sanguinity that is forbidden in the forum state. E.g., McMorrow v. Schweiker, 561 F. Supp. 584 (D.N.J. 1982) (rule recognizing foreign marriages does not apply to incestuous marriages); Catalano v. Catalano, 148 Conn. 288, 170 A.2d 726 (1961); In re May's Estate, 305 N.Y. 486, 114 N.E.2d 14 (1953).
Third, states have refused to recognize marriages that are solemnized in sister states when the parties are not deemed of sufficient age to marry, as determined in the forum state. E.g., Wilkins v. Zelchowski, 26 N.J. 370, 140 A.2d 65 (1958).
The first thing we need to do, is to prepare our defenses. The first line of defense is a Marriage Amewndment in each and every State defining marriage as one man, one woman.
Why not?? I'll just marry Denzel Washington and Mel Gibson. Nooo.. they're both married?... Hold on-- If anybody can marry anybody what difference does it make? Pauletta and Robyn should be OK with it.