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Are states required to recognize same-sex marriages from other states?
Wiki User
∙ 12y ago
Yes, unless the marriage is between persons of the same sex. States all recognize legal marriages of opposite sex people performed in other states. Only a select few states recognize same sex marriages performed in a state that recognizes same sex marriage. Same sex marriages are recognized in other states that also allow same sex marriage.
Wiki User
∙ 11y ago
Wiki User
∙ 10y agoYes. A term that can be used to indicate a marriage is legally valid is that it is "recognized" by the state. A legally recognized marriage bestows all legal rights and obligations on the married couple. However, a valid marriage requires that the parties conform to the marriage license laws in the state in which they will be married.
Marriage is controlled by state marriage licenses (except for common law marriage) in the United States. Licenses are issued by a local authority: a county or town clerk. Each state has its own laws regarding requirements for obtaining a marriage license and taking marriage vows. A few states recognize common law marriage.
Important facts to remember include:
- Legally performed heterosexual marriages are universally recognized.
- Some states recognize same sex marriage.
- Some states have laws that ban same sex marriage.
- Some states recognize same sex marriages performed in states where they are legally recognized. Most do not. A marriage recognized in one state may not be recognized by other states. That includes same sex marriages and common law marriages.
- You need to check the laws in your jurisdiction.
- See related link.
Wiki User
∙ 12y agoYes and no. If a state does not permit same-sex marriage within its boundaries, then it cannot be required to recognize a same-sex marriage performed outside its boundaries. This is because of section 2 of the 1996 federal Defense of Marriage Act ("DOMA").
However, states that permit same-sex marriage do generally recognizes same-sex marriages performed in other states and foreign countries. States that permit civil unions also generally recognize out-of-state same-sex marriages as civil unions. Also, states that have statewide domestic partnership registries generally recognize out-of-state same-sex marriages and civil unions and domestic partnerships. In many cases the distinction is nearly meaningless since the only difference is the word used to describe the relationship.
Wiki User
∙ 12y agoNo. Section 2 of the 1996 Defense of Marriage Act ("DOMA") says that states cannot be required to recognize same-sex marriages from other states.
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Does New Jersey recognize same sex marriages from another state?
Yes. All US states recognize all marriages performed in other states.
Does the United States recognize same-sex marriages performed in Mexico?
No. Although the United States does generally recognize marriages performed in Mexico, the federal government does not currently recognize same-sex marriages regardless of where they were performed. However, individual states that have legalized same-sex marriage do recognize same-sex marriages performed in Mexico. Also, same-sex marriages performed in the United States are recognized by the Mexican government, including for immigration purposes.
Do most US states recognize same-sex marriages?
Yes. As of November 19, 2014, 35 US states recognize same-sex marriages and only 15 US states do not.
Does Ohio recognize marriages performed out of state for an Ohio resident?
Of course! It is a requirement of the US Constitution, that states recognize the actions of the other states. Marriage and divorce are key ones. One important exception is same-sex marriages. Ohio does not recognize same-sex marriages performed out-of-state.
What if one state recognizes same-sex marriages?
As of June 26, 2015, the only country in the world that has some states that permit same-sex marriage and some that do not is Mexico. All Mexican states, however, are required to recognize same-sex marriages performed by other states.
Does the US recognize marriages from turkey?
Generally, yes. However, the US does not recognize polygamy, and most states do not recognize same sex marriage.
Does new york state have common law marriage?
New York does not recognize common law marriages. However, it does recognize common law marriages created in other states.
Does Wisconsin recognize marriages filed in neveda?
Yes, based on the full faith and credit clause of the Constitution, states recognize legal marriages in other states. If a marriage is illegal or otherwise invalid in one state, it will not become valid in another.
Can same-sex marriage legislation be introduced in Congress?
Marriage is a state issue. However, a bill to repeal the 1996 Defense of Marriage Act has been introduced in Congress and is currently pending. It has the support of the President. If the bill passes and becomes law, then the federal government will begin to recognize same-sex marriages. Also, although states would not be required to permit same-sex couples to marry, all fifty states would be required to legally recognize same-sex marriages performed in other states and foreign countries.
Are same-sex civil unions legal in all fifty states?
No. Some states recognize civil unions as civil unions, some as marriages and some as domestic partnerships. Many states do not recognize them at all.
What if a same-sex couple married in Massachusetts and went to Texas?
Texas would not recognize the marriage. Texas does not allow same-sex marriages, and the Defense of Marriage Act (federal law) says that states have the right to refuse to recognize same-sex marriages that occurred in other states.
Does the U.S. recognize a legal divorce from Mexico?
Both the United States and Mexico recognize marriages performed in other jurisdictions as long as the marriage was legal in the jurisdiction where it was performed. Both countries, however, reserve the right to reject a marriage which is "against public policy" (e.g., incestuous or polygamous marriages). As for same-sex marriages, they are recognized by Mexico and all Mexican states, but not by the federal government in the United States and not by most U.S. states.
