Understanding Same-Sex Marriages Rights In Sister States
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We live in a transient society, where people move from state to state to pursue careers, education, or other goals. It’s rare in this day and age for a married couple to stay in the same state for their entire life. But how does moving impact same-sex marriages?
Same-sex couples who decide to move to another state face challenges that traditional married couples never have to worry about. For instance, gay and lesbian couples who marry in states that recognize same-sex marriages, like Connecticut, tend to move to another state at some point in their lives. That state may not recognize their union, so they may lose certain rights.
Traditionally, individual states have decided whether or not to recognize same-sex marriages performed legally in other states. Although the majority of states accept and recognize the legality of a marriage contracted in another state, a few states remain that do not accept their validity. As it turns out, same-sex marriages are becoming an exception in many states across the U.S.
As it stands, each state that permits same-sex marriages also permits same-sex marriages that were inked in sister states. The problem is, only six states currently allow same-sex marriages-and only Rhode Island, Maryland and New York validate sister-state same-sex marriages.
It seems likely that sister-state same-sex marriages will also be recognized in California, although the status of such marriages in California is presently unclear. Thus, a same-sex couple who marry lawfully in Connecticut and moves to Florida will be deemed unmarried under the laws of their new state of residence.
Just as the federal Defense of Marriage Act, also known as DOMA, determines many economic and immigration benefits, state law issues may be extremely important in determining such equally important matters as inheritance rights, health insurance, medical decisions and same-sex divorce.
Let’s consider two females who get married in Connecticut and have a child via artificial insemination. In this example, under Connecticut law, both parties will be considered parents of the child. However, the non-biological parent will not be considered related to the child under the laws of most states. If a court battle or a divorce ensues, the non-biological parent would not have rights to legal custody of the child. What’s more, if she leaves her non-biological child an inheritance, it could be successfully challenged.
These are just some of the issues that you need to consider as you enter same-sex marriages. There are others as they relate to both federal and sister-state rules-and they could have major implications on the benefits aspects of your same-sex marriage. Seek legal counsel to protect your rights.
Hilary B. Miller is a prominent Connecticut attorney on the cutting edge of same-sex marriage and divorce issues. Miller is also active in pro bono litigation of AIDS-related claims, including family, employment and insurance matters. He graduated from Fordham University School of Law and is admitted to the Connecticut, New York and District of Columbia bars. If you need expert advice on same-sex marriages, visit Miller’s family-law web site at www.ct-divorce.com.
Visit www.ct-divorce.com to learn more about issues related to same-sex divorce and same-sex divorce issues in Connecticut from attorney Hilary B. Miller.
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