subject: Are Same-sex Marriages Recognized In Sister States? [print this page] Whether pursuing a new job, or chasing some other aspect of the American dream, moving to another state is common for many adults. It's unusual these days to live in the same state for your entire life. That rings perhaps even more true for same-sex couples-but moving to another state can make major impacts on marriage status and benefits.
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.
Presently, all of the states that permit same-sex marriage recognize such marriages lawfully contracted in other states; but of the states that do not permit gay and lesbian couples to contract a legal marriage, only New York, Rhode Island and Maryland recognize sister-state same-sex marriages.
The probability is high that California will also recognize sister-state same-sex marriages, however the legality of same-sex marriages in the Golden State is still unclear. Therefore, a gay or lesbian couple who gets legally married in Connecticut and moves to Ohio will be viewed as unmarried according to the laws of the new resident state.
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.
What does sister-state recognition mean for your relationship? Careful planning is required to avoid these results. You may need legal advice to navigate the issues related to same-sex marriage, same-sex divorce and the rights and benefits related to taxes, insurance, inheritance and other important life matters.
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.
by: Hilary B. Miller
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