If a U.S. gay couple visits Canada, gets married there, and returns to the U.S., is their marriage recognized?
Healthy Environment asked:
I would think the answer is yes………because:
this site: http://www.samesexmarriage.ca/legal/ontario_case/appeal/pride_week_marriage.htm
states the following:
“they will be as married as any people on the planet. That means, for example, the couples will identify as married on applications/forms for jobs, apartments, credit, mortgages, insurance, medical treatment, and taxes.”
I would think the answer is yes………because:
this site: http://www.samesexmarriage.ca/legal/ontario_case/appeal/pride_week_marriage.htm
states the following:
“they will be as married as any people on the planet. That means, for example, the couples will identify as married on applications/forms for jobs, apartments, credit, mortgages, insurance, medical treatment, and taxes.”
However, if a gay couple gets married in another country besides Canada……..such as norway, spain, belgium, south africa, or the netherlands…….and then moves to the U.S…….their marriage will only be recognized in 3 states: New York, Rhode Island, New Mexico.
It seems like Canada & the U.S. have a litle tea party agreement that they recognize each other’s marriages…..but when we’re talking about a different foreign country, the rules are different.
so my question is: Does everything I just said sound accurate? Is this pretty much true?
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Posted by Admin on June 19th, 2009 :: Filed under Law & Ethics
Tags :: Apartments, Belgium, Couple Visits, Couples, Credit Mortgages, Gay Canada, Gay Couple, Healthy Environment, Marriage, Medical Treatment, Mortgage Lending, Netherlands, New Mexico, Norway, Pride, Rhode Island, Samesexmarriage, South Africa, Spain, Tea Party
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June 20th, 2009
No.
Just like if you get a license to drive in one country, its not valid in another.
Every country or state have their own laws when it comes to marriage.
June 22nd, 2009
Depends what state you go back to.
June 24th, 2009
What you say, in most circumstances, would be accurate. However, the US is not universally bound to recognize foreign marriages as valid in the US . This would also apply to same-sex marriages. Outside of a state that recognizes same-sex marriages, it would, almost definitely, not be recognized.
June 25th, 2009
Some states recognize it, some don’t, just like other foreign gay marriages.
I think you’re list is missing some, though, such as Massachusetts and Connecticut, the only two states which currently recognize their own gay marriages. I would be surprised if they didn’t also recognize those of other nations.
June 27th, 2009
Why go to Canada? Can’t they just drive to Massachusetts or Connecticut?
I know that New York has a law that says it recognizes gay marriage from other states.
I would think there would have to be up to each state, if they recognize it.
June 29th, 2009
i live in new mexico and gays cannot get married here. are you refering to maybe they are recognized as civil unions and not “marriage”?
i think the answer is in the article:
“While many marriages will be respected to varying degrees in various places, and even in surprising places, many married couples will also experience discrimination. Some but not all businesses, states, and others will refuse to honor these lawful marriages, along with the federal government”
July 2nd, 2009
The word is ‘comity’ to see about the application of other countries laws in the US. Some state constitutions ban it, it is not a fed right, so they would be out of luck sounds like.
July 2nd, 2009
It depends on the state, I believe in NY, CT CA,RI, NM, MA yes. It should be in the whole country though