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You are here: MacNN Forums > Community > MacNN Lounge > Political/War Lounge > Nova Scotia allows same-sex marriages

Nova Scotia allows same-sex marriages
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mo
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Sep 26, 2004, 03:38 PM
 
Link.

HALIFAX - Same-sex marriages will be allowed in Nova Scotia following a ruling Friday morning that said banning them is unconstitutional.

Applause broke out in the Halifax courtroom as the Nova Scotia Supreme Court ruling made the province the sixth jurisdiction in Canada to allow same-sex couples to marry.
If two men are married in Nova Scotia (or Manitoba, or Quebec, or British Columbia, or the Yukon, for that matter) are they still married should they move to the United States?
     
smacintush
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Sep 26, 2004, 03:56 PM
 
No.
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OldManMac
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Sep 26, 2004, 04:00 PM
 
Good for Nova Scotia.
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zachs
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Sep 26, 2004, 04:19 PM
 
Originally posted by KarlG:
Good for Nova Scotia.
Seconded.

And they would not be legal in the U.S.
     
vcutag
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Sep 26, 2004, 05:25 PM
 
Originally posted by mo:
Link.



If two men are married in Nova Scotia (or Manitoba, or Quebec, or British Columbia, or the Yukon, for that matter) are they still married should they move to the United States?
Yes. It just doesn't apply in the US. If they return to Canada, it's still valid. I have friends in this situation.
     
SimeyTheLimey
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Sep 26, 2004, 05:33 PM
 
Originally posted by mo:
If two men are married in Nova Scotia (or Manitoba, or Quebec, or British Columbia, or the Yukon, for that matter) are they still married should they move to the United States?
No. The recognition of a marriage in the US depends on state law. Marriages are not portable.
     
MacGorilla
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Sep 26, 2004, 08:15 PM
 
I knew there were no women in Nova Scotia
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macvillage.net
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Sep 26, 2004, 08:27 PM
 
Nope.


Actually, some heterosexual marriages aren't recognized in the US. It depends on the country. Most (if not all) Europe is recognized. So are a few Asian countries. Other than that... in the US, it's not recognized.

Some who got married in countries that aren't recognized need to move here and get married by the state.

What sucks is those whose culture highly condemns living together without marriage. For them, the idea of living in the US, where they are legally not married is wrong. I've read of a few stories of couples living with different friends until they can get the paperwork together and get down to city hall. Then once married in the US can live together again. Personally I'd think their marriage in their native country would qualify for those reasons... but then again, I guess it's personal.


Main reason for not recognizing some countries is different laws; some allow homosexual marriage, some don't have age requirements.
     
Millennium
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Sep 26, 2004, 08:54 PM
 
Originally posted by SimeyTheLimey:
No. The recognition of a marriage in the US depends on state law. Marriages are not portable.
Sort of, sort of not. Marriages performed in any state are required to be recognized by other states; this is part of the full faith and credit clause of the Constitution. Massachusetts currently has laws in place blocking non-residents from being married in the state, which is the only reason that gay people haven't descended on Massachusetts in droves to get marriage licenses and carry them back to their home states (and in fact that was the stated purpose of these restrictions).

However, the Constitution says nothing of marriages from other nations, and thus -at least so far- states could choose whether or not to hold a marriage from Nova Scotia as valid.
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OldManMac
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Sep 26, 2004, 10:46 PM
 
Originally posted by Millennium:
Sort of, sort of not. Marriages performed in any state are required to be recognized by other states; this is part of the full faith and credit clause of the Constitution. Massachusetts currently has laws in place blocking non-residents from being married in the state, which is the only reason that gay people haven't descended on Massachusetts in droves to get marriage licenses and carry them back to their home states (and in fact that was the stated purpose of these restrictions).

However, the Constitution says nothing of marriages from other nations, and thus -at least so far- states could choose whether or not to hold a marriage from Nova Scotia as valid.
Unfortunately, states do not have to recognize same-sex marriages performed in other states.

http://usmarriagelaws.com/search/alt...ge/index.shtml

"Thirty-six states have enacted legislation prohibiting same-sex marriages or the recognition of same-sex marriages formed in another jurisdiction. States have traditionally recognized marriages solemnized in other states, even those that go against the marriage laws of that particular state. Under the full faith and credit clause of the U.S. Constitution, states are generally required to recognize and honor the public laws of other states, unless those laws are contrary to a strong public policy of that state. But in 1996, Congress enacted the Defense of Marriage Act, which bars federal recognition of same-sex marriages and allows states to do the same."
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mitchell_pgh
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Sep 27, 2004, 12:16 AM
 
The real question is... when will I be able to get married to my computer, or my car?

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SimeyTheLimey
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Sep 27, 2004, 06:10 AM
 
Originally posted by Millennium:
Sort of, sort of not. Marriages performed in any state are required to be recognized by other states; this is part of the full faith and credit clause of the Constitution.
No, states's marriages are not required to be recognized by other states. The Full Faith and Credit clause does not apply to this situation because for this purpose, a marriage is more like a private contract and states are always free to disregard contracts if they contradict public policy in the state.

The most common example where a state will disregard a marriage is where one or other party is below the statutory minimum age required in the state, even though they are old enough in another state. The marriage would be valid in the other state but can be declared invalid in the state where the couple aren't old enough if they move into that state.

Another example closer to the facts we are talking about is polygamy. If a Saudi Arabian shows up with three wives, his marriage to three women won't be recognized because state law in all of our states bans polygamy. Gay marriages performed by other nations would be treated the same way -- as valid in the other country, but invalid here.

The statutory bars to recognition that KarlG mentions are mostly for show and so that politicians can strike a pose. They probably aren't legally necessary.
     
macvillage.net
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Sep 27, 2004, 10:34 AM
 
State of NY said it will honor Mass. Gay marriages (for legal purposes such as hospital visitation etc.). But will not perform them.

Most other states will not aknowledge or accept them. Hence you leave Mass... your not married.

NJ right now will aknowledge that the marriage exists, and apparantly will treat it as a same-sex couple in accordinance with it's laws. NJ is one of the few that protects based on sexual orientation. It also has some laws regarding rights for same sex couples. But not quite equal to that of marriage.
     
   
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