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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption