We Married In Canada, BUT...

[Falcon_Lights1916]

we want a marriage which is legal on a permanent basis in at least one state. Is it a good idea to go to CA to get married? It may be a dumb question, but I want to know what options there are, if any.

[terrya]

1. I think there are 4 states that will recognize California's marriages.

New York is one of them.

I'm not sure which are the other three.

I'm sorry...I wish I could help you further.

Congratulations on your Canadian wedding, btw. :-)

[LostinVA]

10. NJ, NY and RI

[Stargleamer]

14. New Mexico, too? n/t

[slackmaster]

2. There is no residency requirement for getting married in California - caveats

There is no guarantee that even the state of California will recognize a same-sex marriage in the future if the voters pass an initiative measure to amend the state constitution so that only marriages of one man and one woman would be recognized. If that passes (in the November election) it is not clear whether a same-sex marriage performed now would be grandfathered.

[PDJane]

4. Uh...........

since there's already a court case declaring it legal, can that be done???

[WillParkinson]

6. Sadly, yes...

The Supremem Court ruled it was unconstitutional. If they change the constitution that is no longer true.

[mitchtv]

8. They will have to pull some fancy legal footwork

generally they cannot retroactively declare a legal(now) marriage , illegal, after the fact. I will not rule out them making an exception for GLBT.

[slackmaster]

9. The proposed amendment would not make same-sex marriage illegal

It would just not be "recognized" by the state.

The federal constitutional prohibition against ex post facto laws applies to crimes.

[Creideiki]

11. Pending review from the US Supreme Court anyway

[ruggerson]

15. I believe the current thinking is that

since the proposed consitutional amendment does not specifically void marriages performed before its enactment, any marriages peformed between June and November, would be completely legal going forward.

[PDJane]

3. We're married in London,

but not in New York.
Spain says we're kosher,
The states says we're pork.

We wed in Toronto, the judge said "amen."
And when we got home we were single again.
It's hard being married and living in sin,
Sometimes I forget just which state I am in,
I'm glad I'm not Catholic, I'd be a mess,
Trying to figure out what to confess.

(Sorry......shamelessly stolen from Janis Ian.)

[readmoreoften]

18. that's great

:)

[Siyahamba]

5. New York State will recognize your Canadian marriage

[davidinalameda]

7. come to California to get married

we need the money

[LostinVA]

12. All you have to do is come to NJ

Your Canadian marriage will be recognized here without having to do it over again.

[Ms. Toad]

13. my advice is (1) consult an attorney

who specializes in GLBT family issues and (2) don't get married in California.

I am in the same situation. My research tells me (1) you are already legally married everywhere (it is equivalent to a contract between my partner and I and British Columbia - nothing a third party {i.e. another state} can do voids that contract.

(2) Recognition of an out of state/out of country marriage is a separate matter. Under a pure contract theory, everyone would need to be re-married anytime they crossed the border into another state or country. It constitutional law that makes the marriage rights and responsibilities from a state in which you were not married applicable when you move there. Entering into two legal marriages clouds your right to recognition - if even you don't treat your Canadian marriage as legally binding, why should any other state or country?)

Finally ,(3) it is highly unlikely that a state which has same gender marriage will refuse to recognize an out of state/out of country same gender marriage - so you are diminishing the strong legal position that you currently have (that your Canadian marriage is a real marriage) in order to make sure you have one state in which your marriage is recognized - a state that already almost certainly already recognizes your marriage whenever you are in California (and a Canadian marriage and California marriage are legally equivalent as far as any impact the marriage might have outside of Canada/California).

[mitchtv]

16. You will not be permitted to marry again

In Calif. You are already married.

[sniffa]

17. You can come to Massachusetts

Our anti-marriage ban finally was defeated, and it now seems to be a fairly accepted aspect in our state now (big reason why the good guys won at the ConCon).