Posted on 05/18/2008 12:03:08 PM PDT by Dawnsblood
A key question after today's sweeping California Supreme Court decision striking down the state's gay marriage ban is what it means for the 48 other states that don't recognize gay marriage. If, for example, a gay married couple in California moved to Texas, would Texas have to recognize their marriage?
The short answer is no.
States generally are not required to recognize a marriage performed in another state if it would violate their own public policy. Of course, the U.S. Constitution provides that states must give "full faith and credit" to other state laws and judgments---which suggests that other states must recognize gay marriages performed in California and Massachusetts (the other state to legalize gay marriage).
But there is a long-standing "public policy" exception applied to marriage. States historically have not recognized laws--and marriages--that would violate their own policies. As Yale Law School professor Lea Brilmayer explains in this WSJ op-ed from a few years ago, states can refuse to recognize gay marriage, as they have refused to recognize marriages between first cousins, people under the age of consent, people who had been divorced too recently or people who were of a different race.
(Excerpt) Read more at blogs.abcnews.com ...
More than 76% in Texas said no way in 2005. People keep blowing this stupid California court ruling way, way out of proportion. Just look at the reaction in the US: virtually nobody except radical gay rights groups are happy. I see BACKLASH . . .
If a company has offices in California and in Texas, wouldn’t the company have to recognize the same sex marriage in their benefits program in both states?
The Taxachussetts and Kalifornistan rulings have opened a real can of legal worms. Your question is just one among many.
Yea I want CA, NYC Chicago and DC and MA to accept my CCW also. LOL.
If that judge they tried to snooker has anything to say about it; it won’t happen.
It can get sticky there. I would think it would be more company policy; but you know how that goes.
Will California then recognize my Texas concealed carry permit?
This question about job benefits and companies operating in more than one state is part of the many legal issues and future lawsuits that will arise out of this.
Life was simpler when we all agreed what a marriage relationship consisted of. A bad part of this decision is that it causes confusion and debate on what should be a straight forward concept. I think the gay activists see in these marriage lawsuits their own “operation chaos”. Meaning that, it creates debate and confusion about what marriage is, what marriage should be, people’s “gender identity”, people’s “gender orientation” and puts that in all of our faces.
This question about job benefits and companies operating in more than one state is part of the many legal issues and future lawsuits that will arise out of this.
Life was simpler when we all agreed what a marriage relationship consisted of. A bad part of this decision is that it causes confusion and debate on what should be a straight forward concept. I think the gay activists see in these marriage lawsuits their own “operation chaos”. Meaning that, it creates debate and confusion about what marriage is, what marriage should be, people’s “gender identity”, people’s “gender orientation” and puts that in all of our faces.
Good one!
Expect to see lawsuits on this Constitutional question. If the Dems get the WH and have majority in the Senate, they will appoint judges who will no doubt vote that marriage now comes within the full faith and credit clause “demanded by a living document”
For example, concealed carry is one of them. You can’t have stun guns in certain states. It is illegal to sell certain kinds of insurance policies in some states. You can’t offer certain small engine appliances in some states.
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