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Discussions - Gay, Lesbian, Bi, Transgender - View Post - Archive
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Date
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6/20/2008 2:57:18 PM
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Posted By
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Scott1 |
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Subject
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Re: Does MN have to legally recognize a marriage performed in CA?
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That is going to be an interesting and very complicated legal problem. Some states have passed specific laws exempting themselves from recognizing such marriages, and they have not yet been tested in court.
Gay community lawyers have warned out-of-state couples coming to California to get married not to press the matter when they come home -- yet -- until the legal fog clears some. The fear is that there could be a flood of adverse court decisions, at least at first, which would be a mess to untangle later.
The federal "Defense of Marriage" act contains a similar exemption and has not yet been tested in the federal courts. I think there is a good argument to wait until the next election, so that the supremes may not be tilted so far to the right. (You *know* how Scalia would vote!)
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