Thursday, August 8, 2013

Marriage? Not here. Divorce? No problem.

Ari Ezra Waldman notes something curious in the marriage equality business. According to Defense of Marriage Act part 2, another state does not have to recognize your gay marriage. But it does have to recognize your gay divorce. The difference is that a divorce is a court order, and the full faith and credit clause of the Constitution says those must be respected by all states. That clause is there to prevent someone from committing a crime and receiving sentence in Kentucky and crossing into Ohio to escape that punishment. This may not allow a couple to get a divorce in a state that doesn't recognize their marriage, leaving the couple "wedlocked."

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