Submit a question to our community and get an answer from real people.
Submit

Trying to understand same sex marriage laws in US. If a gay couple gets married in Wa. is it recognized as a civil union in other states?

what if i get a civil union in one state, and move to Wa, is it recognized as marriage or do i have to file again?

Report as

It is recognized depending on the laws of each state. For example, one state might recognize the marriage, another only recognize the civil union, and a third not recognize it at all.

Helpful (3) Fun Thanks for voting Comments (8)
Report as
ClaraListensprechen
Nope. The Constitution demands that laws passed in one state in terms of an individual's status be recognized in all other states. Since this provision of the Constitution is under dispute currently, it's on the Supreme Court docket for a ruling. They haven't ruled on it yet.
Report as
That applies to heterosexual marriages. Since the issue about the definition of marriage is still under dispute, a same sex marriage is not always recognized by other states. So yes, it is still a state-by-state thing.
Report as
ClaraListensprechen
It does not apply to some marriages and not others. It applies to ALL LAWS. Period.
Report as
Guess what? The government disagrees with you. I'm not saying that I AGREE with unequal treatment, but since the definintion of marriage has NOT been set yet at the federal level to include same-sex marriages, the states are still free to decide whether or not they will recognize a same sex marriage.
Report as
If they haven't ruled on it yet then each state may or may not recognize it.
Report as
Actually Clara is correct- a law does not have to be recognized federally. If it is the law in one state, it must be recognized by any other state. It just doesn't have to be recognized by the federal government.
Report as
ClaraListensprechen
Quester clearly didn't hear about DOMA, and is incorrect just on that basis alone.
Report as
No, I have heard about DOMA. Which is why I disagree with you - DOMA was created specifically to circumvent Full Faith and Credit in the cases of gay marriage, which is what I believe you are referring to?

If it was so clear-cut we wouldn't be having the current issue about recognizing marriages. Currently, separate states are NOT all recognizing gay marriages. I agree that they SHOULD be recognizing them on the basis you mention... but they are not currently.

So, to recap: DOMA circumvents Full Faith and Credit. Because of that, there are still states that are NOT recognizing gay marriages. Whether or not they SHOULD is a separate issue, and was not one brought up in my original statement that Clara commented on.
Report as
Add a comment...

it is but it really depends on the state because in many states and country's its illegal so if person-X
marries person-Y and they are both the same gender they should stay in WA.

Helpful Fun Thanks for voting Comments (0)
Report as
Add a comment...
Suzie17

It's state by state. Like Maine does now but not all states have to honor it unless it's legal in their state. Kind of odd to be considered married in one state and not another.

Helpful Fun Thanks for voting Comments (0)
Report as
Add a comment...

According to the full faith and credit clause of the Constitution it should be.

Helpful (1) Fun Thanks for voting Comments (8)
Report as
That doesn't mean it is.
Report as
ClaraListensprechen
It means that the states that refuse to recognize it are acting unconstitutionally.
Report as
It's not unconstitutional until it is declared so. So currently the states are acting within their rights by recognizing DOMA.
Report as
ClaraListensprechen
Nope. No declaration is necessary when the violation of Article 4 Section 2 is so blatant, sorry. It's unconstitutional.
Report as
Err, like I said earlier, sorry but the government doesn't currently agree with you, and I'm pretty sure they're the ones who decide what is constitutional.
Report as
Well the first and second court of appeals have ruled it was unconstitutional and until the Supreme Court decides, the decision is binding in those jurisdictions and persuasive in others. So saying the government doesn't currently agree with her isn't exactly correct.
Report as
ClaraListensprechen
The Supreme Court hasn't decided the case yet. Nonetheless, a simple declaration doesn't make it a deal, regardless...so, Quester, you remain in error.
Report as
@ babalu - my point is that its not yet unanimously unconstitutional as Clara seems to be saying. And Clara is not the one who decides these things.
Report as
Add a comment...
ClaraListensprechen

United States Constitution, Article 4 Section 2 states: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." This includes marriages. What some people answering this question have overlooked is the Defense of Marriage Act (DOMA) in which the federal government made its declaration against "non-traditional" marriages.

DOMA is now on the docket of the Supreme Court on the charge that it is unconstitutional. So is the matter of Article 4 Section 2's implication if DOMA is overturned.

Although some folks here have concluded that the matter is already decided, it hasn't been. We still await the Supreme Court's ruling on this.

Helpful (2) Fun Thanks for voting Comments (5)
Report as
Isn't it ironic that so many will "use" the Constitution to argue their case for so many of their Rights. But when it comes to love between two people, we get DOMA!?
Report as
ClaraListensprechen
It certainly is!
Report as
Star! It always confuses me when I listen to people argue their Constitutional Right to (insert anything ), and then I ask about the Right to Marry. And I'm told that isn't protected.
Report as
ClaraListensprechen
That would be the conservative view, and as is the case on most other things, conservatives are not only wrong but dead wrong.
Report as
I agree Lynnelynne it's most certainly ignorant. Hopefully at least a few wrongs get fixed soon.
Report as
Add a comment...
Do you have an answer?
Answer this question...
Did you mean?
Login or Join the Community to answer