Friday, January 15, 2010

Is there anyone who can tell me more about Gay marriage?

If you are married in a state where gay marriage is legal, will it be recognized in a state where it is not legal? Such as marriage in DC when you reside in Florida. Will your partner have the same rights as heterosexual couples when it comes to legal matters and health care matters?Is there anyone who can tell me more about Gay marriage?
No it will not be recognized.





It will only recognized in the 6 states that have gay marriage.





And it is not recognized by the Federal Goverment (for tax and benefit purposes), regardless of which state you live in. Even if you are legally married in the state where you reside.





To Garan below- states traditionally recognize marriages performed in other states, but gay marriage is an exception. They are not recognized, except (I think) in New York, which passed a special law to recognize them. Most states and the federal government have passed ';Defense of Marriage Act'; (DOMA) laws which define marriage as one man and one woman ONLY.Is there anyone who can tell me more about Gay marriage?
Despite the equal protection clause in the Constitution, in 1996 Congress passed the Defense of Marriage Act in response to Hawaii's consideration of allowing same sex marriage. The DOMA was signed by then President Bill Clinton. It states that same sex marriage is not recognized at the federal level, and no state will be required to validate a same-sex marriage performed in another state.





As a result, even though six states now have legal gay marriage (and the 18000 legal gay marriages performed in California in 2008), those couples are not considered married in the other states (with some exceptions, like New York which does recognize same sex marriages performed elsewhere), nor can they claim any of the over 1000 rights and privileges the federal govt grants heterosexual couples, such as joint taxation, claiming spousal Social Security or military benefits, fast-tracking immigration for a foreign-born partner, or the absolution from inheritance taxes.





Florida does not recognize same sex marriages performed elsewhere. A same sex couple legally wed in MA, CT, VT, IA, or NH will not be recognized as married in FL. DC does not permit gay marriage, but is considering recognized gay marriage performed elsewhere.
Somewhere in our Constitution I seem to recall language that states a marriage legal in one state is legal in another. But Gay Marriage USA is just a Supreme Court Decision away.

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