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Old 10-19-2005, 04:37 PM
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Default Re: For My Buddy Grey One More Time - Civil Unions and Gay Marriage

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Read the link in my other post and take a look at Loving v. Virginia. That is why one states change in law to marriage with be applied to other states. The question of the "full faith and credit" clause has not been appied to marriage yet and their hasn't been any cases on it to my knowledge.

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I'm sorry, but you are mistaken. The law is actually pretty well established in this area and there have been plenty of cases applying the FF&C clause in the context of marraige. There was one case I remember from the 1950s where a couple from North Carolina left their respective spouses, travelled to Nevada, stayed their long enough to establish residence under Nevada law, got divorces, got married to each other (legally in Nevada) and then went back to North Carolina. North Carolina prosecuted them for bigamy, successfully arguing in the Supreme Court that FF&C to the Nevada marriage did not apply.

In general, the law is that marriages from other states will be recognized, but they need not be where they are against the public policy of the state (usually ascertained by whether there is a statute prohibiting such marriages). The scenario where one state legalizes gay marriage and the gay couples from every other state can just go there, get married, and have it automatically recognized is simply not the law, and hasn't been for a long, long time. Other scenarios present closer questions, but this one simply does not.
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