If a same sex couple gets married in a state where it is legal, will it be recognized in a state where it is not legal?
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If a same sex couple gets married in a state where it is legal, will it be recognized in a state where it is not legal?
Or do they have to live in the state where the marriage was performed?
Asked on December 28, 2011 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Okay so this is not a "yes' or "no" question by any means. It really depends on the state. You write from the state of Colorado, which does not permit same sex marriages as I am sure that you know. Colorado law requires a marriage to be between one man and one woman. C.R.S. 14-2-104(1)(b). The next question then is the one that you have asked: will Colorado recognize the legality of the marriage in Colorado since it was legally performed in another state? The answer is, unfortunately I believe, no. Moreover, Colorado will not recognize as valid same-sex marriages performed outside of Colorado, even if the marriage were legal under the jurisdiction where it was performed. C.R.S. 14-2-104(2). There are amendments to the law being proposed for 2012. Check with gay rights organizations in the area.
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