eileenbunny
Druish Princess
I said what I thought. If you move to a state where your marriage isn't recognized, guess what? You decided to move to a state where your marriage isn't recognized. The repeal of DOMA says that you'll still receive all entitlements from the Federal government, but none from your new home state. Do we need a constitutional amendment to say that all 50 states must recognize common law marriages? Of course not.
I said nothing about a constitutional amendment. I was asking what you thought about this. Also, there are programs that are both federally and state funded together. So what happens with those?
I'm saying it's specifically banned by DOMA in this case. But as for on a regular basis, it's kind of a gray area. There's a clause in the Constitution about this because the writers could foresee problems associated with each state having its own laws. It's called the Full Faith and Credit Clause. It talks about how states can and sometimes must recognize the laws of other states. There's a lot of debate about how this relates to marriage and divorce and a lot of other issues. For example, can a father or mother move to another state to avoid paying child support required? If I am a gay man and I adopt a child in Maryland and I then move to Virginia, is that not my child anymore?