Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Wise for for same-sex New Yorkers to marry outside of New York now?

Business 1 views 1 answers
We are a same-sex couple living in New York, where marriage is not yet legal. We want to get married now in a nearby State, and so if NY legalizes same-sex marriage we will receive the State offered rights that are afforded to married couples. However we wonder about the risk of marrying outside of NY if there is a subsequent repeal in NY of same-sex marriage, akin to California's Proposition 8. We understand that for Prop 8, CA marriages conducted during the dates it was legal there (June-Nov 2008) are still deemed to be legal marriages in CA, but we do not know if CA recognizes same-sex marriages conducted outside of the State before Nov. 2008. We fear a legalization then repeal in NY, and wonder if it is wise to marry outside of NY now, if a repeal would revoke out rights? Thanks.

Attorney Answer

1
Brian Devery ·
Good luck in your marriage! Although I am not a Gay man and although I tend to be rather conservative, I am with you on this issue and believe that failure of the States to recognize and allow Gay Marriage is an Afront not only to you and your community but to every American and the United States Constitution as whole. You should have every right to be just a miserable as the rest of us and devying those rights and privaleges to you based on sexual preferance is in my opinion unconstitution and in violation of the Equal Protection Clause of the Constitution. It is arbitrary and unfounded! We are a society based on law not religious reservations so much so that the Founders incorporated a Seperation of Church and State into our main governing document. I can only say that I support your Movement and hope that you are successful! The short answer here is as follows: The US Constitution contains a clause called the "Full Faith and Credit Clause". This clause demands that each state recognize the laws of other states and honor those laws. If you get a judgment against you in Florida, the lein holder can seize your assets in NY under the Full Faith and Credit Clause of the Constitution where by NY must recognize the validity of the FL judgment. This is why there are choice of law clauses in contracts, why corporations are formed in Deleware and why all your credit card companies are located in the Dakotas. The laws in those states are particularly favorable to those businesses and those laws control under this clause of the Constitution. It is my understanding that Marriage works exactly the same way. If you get married in Ct then NY must recognize your marriage as legal. If NY approves Gay-marriage as I believe it must under the Equal Protection Clause of the Constitution, and then repeals it, any marriage that took place while the law was valid remains a valid marriage regardles of a later repeal. Brian S. Devery, Esq. The Devery Law Group, PC 393 Jericho Tpke Suite 208 Mineola, NY 11501 (516) 433 - 0480
0 upvotes

People Also Asked

Can a police arrest you for a dui and after taking a breath test charge you with dwi and t… 2 answers Setting myself up as a business… 0 answers Can I sue Medtronic for defective/dangerous product… 2 answers Can my brother-in-law sponsor me to become a legal permanent resident?… 1 answers Am I responsible for paying additional fees outside of a signed contract?… 3 answers I want to start my own van/transportation service. Should I incorporated or LLC and what t… 0 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii