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Discussion » Questions » Relationships » If a relationship is considered illegal in country/state A but not in B, can a couple marry in B and live in A?

If a relationship is considered illegal in country/state A but not in B, can a couple marry in B and live in A?

Posted - October 2, 2018

Responses


  • 7280
    The answer can be complicated.  Go here and scroll to #'s 4 & 5.

    https://en.wikipedia.org/wiki/Marriage_law#State_recognition
      October 2, 2018 12:44 PM MDT
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  • 7919
    It totally depends on how the laws are written in the country the couple plans to live in. In some cases, they can. Other times, the marriage is considered invalid. Other times the couple can be jailed or worse. 
      October 2, 2018 1:53 PM MDT
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  • Worse? Like? 
      October 2, 2018 3:55 PM MDT
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  • 7919
    Certain relationships are punishable by death in some countries. i.e. Apparently if you're gay, you can be put to death in Iran. 
      October 2, 2018 5:50 PM MDT
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    7268
    I don't see why not.  In California you can be married and hide it from the public.  It is a certain procedure I learned about in 2001.  Not sure how it works but it's a good way to keep personal information being devulged to every Tom.Dick and Harry. 
      October 2, 2018 2:40 PM MDT
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  • 7280
    A little research will let you see.
      October 2, 2018 3:23 PM MDT
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  • 189
    Good question.
      October 2, 2018 3:12 PM MDT
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  • 6023
    In the US ... Under the Constitution (Art 4, Sec 1): "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."

    Since marriage would fall under it ... then technically every state should honor a marriage license of any other state.
    But that isn't how things really work.
      October 2, 2018 3:56 PM MDT
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  • 17364
    That is how it works in the USA.  The only time problems come up are where there are citizenship issues or the marriage took place in another country.  Marriages are voidable or void for quite a few reasons but the states acknowledge legal marriages from other states, including common-law marriages. This post was edited by Thriftymaid at October 3, 2018 11:16 AM MDT
      October 2, 2018 4:03 PM MDT
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  • 6023
    Not quite.
    The past few years revealed that marriages are not automatically valid between states ... if those states don't allow "that type" of marriage.

    I don't remember the actual states involved ... and the laws have changed since then ... but "gay marriages" in some states were not recognized by other states.
      October 3, 2018 6:48 AM MDT
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  • 17364
    They are always valid.  In the gay example it just took a plaintiff getting to the Supremes.  This is a Constitutional guarantee found in the Full Faith and Credit Clause.  
      October 3, 2018 11:12 AM MDT
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  • 6023
    You're only partially correct.
    It is NOT covered under the "Full Faith and Credit Clause".

    The SCOTUS ruled that "gay marriage" is covered under the 14th Amendment.  (Equal Protection clause)

    There are still plenty of things that should be covered under the "Full Faith and Credit Clause" which are not.
    Any license/certification issued by one state should be recognized in another state.
    The most controversial example is "concealed carry" license.
    The most widespread is healthcare workers (doctors, nurses, CNAs, midwives, etc, etc, etc) and "trades" (carpenters, electricians, plumbers, mechanics, etc).
      October 3, 2018 11:54 AM MDT
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  • 17364
    Not the same thing.  You are talking about the right to marry.  The FFCC says your marriage is valid all over the country. Those are two different things.    When the court said that same sex couples could marry under the EPC that automatically legalized their unions and the FFCC automatically kicked in.  When some states like Alabama still refused to grant licenses to marry to same sex couples those states were operating outside of the law of the land.  It took a little time for the states to amend their constitutions and get it all codified.   It's still going on.

    Originally everything was protected from state to state under the FFCC but the Supreme Court brought a new aspect into it in.    It's called Public Policy.  The court said that if acknowledging some things went against a state's public policy they could refuse FFC and use their own law or custom....but the standards for judicial decrees are higher.  All states will enforce judgments from other states.  This new interpretation came about in the late 1800s.   They use different standards for state judgments and state laws.  There are hundreds f cases you can read if you want to.  I already had to do that back in school.   

    I'm sorry about my typing but I cut my finger in the kitchen tonight and it's in a splint.  That is an impediment an make me very slow typing.  
      October 3, 2018 6:49 PM MDT
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  • 22891
    not sure
      October 2, 2018 4:58 PM MDT
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  • 52903

      Here's one example: there are certain places in the world where child brides are part of the culture, with girls as young as ten years old being married off, usually to adult men, or even if not adults, teens much older than the girls.  The girls usually have no say (no independent consent) in the practice, and are expected to accept it.

      If and when such a couple attempts to legally emigrate to a country wherein that cultural practice is considered not legal, or not valid, I believe there is a ban. 


    ~

      
      October 3, 2018 6:15 AM MDT
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