Legal Question regardign Gay Marriages: Cross-border consistency?

[baby_mouse]

I know very little about US law, and would be interested to find out about this.

If a gay couple marry or register as domestic parters or whatever in a state that recognises the marriage, will this recognition have to be maintained by states that don't?

[DrDan]

1. and, as an aside,

will U.S. states recognize gay marriages from Canada?

[Deja Q]

2. Depends on the laws of the individual country (or state(s) within).

It's as simple as that, so if you're going to travel, read up on its customs and mainstream practices - some countries openly dislike gay people too.

[baby_mouse]

3. Yeah, it's the US I'm asking about.

Is there anything in federal law that pertains to this situation? Can the feds bust local cops for refusing to allow a married gay man visit his partner in hospital in an gay-unfriendly state?

Federal law trumps State law, I thought...

[baldguy]

4. Article IV, Section 1 of the US Constitution:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

A gay couple married in Mass is married everywhere else, too.

[PatsFan2004]

5. That part of the Constitution and a Federal marriage act are

in conflict and have yet to be fully tested in court. The Federal marriage act specifically allows states to not recognize other states marriage laws regarding gay marriage. And as we know, many states have passed anti-gay marriage amendments to their state constitutions.

The IRS does not recognize gay marriage with regard to taxes.

[baldguy]

6. So, which takes precedence? The Constitution or DOMA?

The Constitution, of course. Its a sad fact that our politicians sometimes fail to live up to its high ideals.

[PatsFan2004]

8. There is the second sentence in Section 1 that states that

Congress shall prescribe the manner .....

So a right leaning SC could interpret the Constitution to allow Congress to do just that with the DOMA.

As an example, you may be fully licensed to own a weapon in your state, but New York City will not recognize this license. The courts have approved this.

[AllegroRondo]

7. This was brought up in the mixed-race marriage debate too

Many states refused to recognize mixed race marriages performed in other states. It might be helpful to look at the cases from that time to see how this article was applied.