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**ppfpooghn** · 12-12-2007, 04:42 AM

Originally posted by Vesayen

This has absolutley NOTHING with them being gay.

If California had some crazy state law that allowed you to wed a grapefruit and then you come to Ohio and demand a judge anull the marriage it cannot do so because there never was any marriage to begin with in the eyes of the state of Ohio. This is incorrect. The 5th Amendment "Privileges and Immunities" clause specifically states that a citizen of one state be entitled to the rights and privileges of citizens of the entire nation. Marriage is one such protected right, and divorce is likewise the same.

This came up quite a bit in the bad old days of racial miscegenation laws. Some states allowed whites and blacks to marry, but their marriages were unrecognized by other states. The federal courts heard the cases and upheld the marriages. It stands to reason that if somebody wanted to marry a person of the same gender in a state that allowed it, other states would be powerless to strip them of a status they had lawfully obtained.

Same goes for states that believe (for whatever reason, racial or not) that divorce is wrong and should not be recognized... If I'm divorced from my spouse in New York, then no other state can recognize me as married to him, regardless of what their legislature or voting populace thinks.

12-12-2007, 04:42 AM	#34
ppfpooghn Join Date Oct 2005 Posts 443 Senior Member	Originally posted by Vesayen This has absolutley NOTHING with them being gay. If California had some crazy state law that allowed you to wed a grapefruit and then you come to Ohio and demand a judge anull the marriage it cannot do so because there never was any marriage to begin with in the eyes of the state of Ohio. This is incorrect. The 5th Amendment "Privileges and Immunities" clause specifically states that a citizen of one state be entitled to the rights and privileges of citizens of the entire nation. Marriage is one such protected right, and divorce is likewise the same. This came up quite a bit in the bad old days of racial miscegenation laws. Some states allowed whites and blacks to marry, but their marriages were unrecognized by other states. The federal courts heard the cases and upheld the marriages. It stands to reason that if somebody wanted to marry a person of the same gender in a state that allowed it, other states would be powerless to strip them of a status they had lawfully obtained. Same goes for states that believe (for whatever reason, racial or not) that divorce is wrong and should not be recognized... If I'm divorced from my spouse in New York, then no other state can recognize me as married to him, regardless of what their legislature or voting populace thinks.
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