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a dumb question... let's say I get married in New York...

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w8liftinglady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 09:56 PM
Original message
a dumb question... let's say I get married in New York...
and my job is transferred to um...Texas.
Do I stay married?Is she still my wife legally-according to IRS,etc?
I should know,but don't...
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Journeyman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 09:58 PM
Response to Original message
1. K&R . . . 'cause I'd like to learn the answer. . .
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panader0 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 10:00 PM
Response to Original message
2. Not a dumb question and I have no answer
but hopefully every state will soon have marriage equality. The Domino Theory.......
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 10:00 PM
Response to Original message
3. NO ONE is married in TX. Their dumb ass-ed attempt to save marriage was a constitutional amendment
that stated "The State of Texas does not recognize ANYTHING the same as or equal to marriage."
If you move to TEXAS you will be like everyone else and not have a state recognized marriage.
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RetiredTrotskyite Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-26-11 07:40 AM
Response to Reply #3
11. LMAO!
Texas is just plain pathetic at times!
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PoliticAverse Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 10:03 PM
Response to Original message
4. Marriage in one state is not necessarily recognized in another state...
Edited on Sat Jun-25-11 10:08 PM by PoliticAverse
From http://en.wikipedia.org/wiki/Full_Faith_and_Credit_Clause :

According to Andrew Koppelman, a law professor at Northwestern University and the author of The Gay Rights Question in Contemporary American Law, "No state has ever been required by the full faith and credit clause to recognize any marriage they didn't want to."<17> This issue first arose with regard to interracial marriage. Until the Supreme Court struck down all laws banning interracial marriage in 1967, a number of states banned interracial marriage and did not accept interracial marriage licenses issued in other states.<17> Thus, states were required to recognize an interracial marriage pursuant to the Equal Protection Clause and not pursuant to the Full Faith and Credit Clause.

See also:
http://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 10:03 PM
Response to Original message
5. No they wont recognize it and neither does the IRS regardless of where you live
The IRS does not recognize anything but straight marriages due to DOMA.
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Bluenorthwest Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 10:04 PM
Response to Original message
6. She's not IRS legal even in NY.
The Federal Government does not grant any shred of anything because you are married in NY. You can not file jointly with the IRS in NY, in Texas, nor on the Moooon. DOMA. Dogma. Etc.
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SoCalNative Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 10:34 PM
Response to Original message
7. Even if you marry in NY
the IRS doesn't recognize the marriage.

Only NY state will recognize the marriage for tax purposes.

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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-25-11 11:53 PM
Response to Original message
8. You are still legally married.
Although it won't feel much like it.

(I am an attorney, and in a same gender marriage entered into in Canada)

Marriage is, roughly, a contract between a couple and a state. Absent a divorce (which has occur at the hands of a court), there is nothing another state can do to dissolve the "contract." They claim, however, to not be required to recognize it.

First step is to understand the general concept as it applies to heterosexual couples. Through a pretty complex series of cases the law has worked things out so that when you are married in New York, Texas will recognize that marriage and grant you whatever rights it grants to couples when it is party to the "contract." Federal rights are granted based on state rights. If your marriage was legal in the state in which it was created the US Government recognizes it.

Most of this stuff got worked out when someone who had moved from state to state died, been married more than once without the benefit of divorce, and there was a squabble over who inherited the estate - The thinking went, was he really married to wife #1? After all his marriage to wife #1 (who was a first cousin, who was only 14 at the time of the marriage, who was of a different race, etc. would not have been legal in the state in which he married wife #2 - so wife#2 should be entitled to the estate because there wasn't ever a marriage state#2 would have recognized. Ultimately the states decided they just had to accept (based on constitutional law) that each state gets to decide who is permitted to marry within that state - and by what formalities - and once the marriage is created, every other state has to honor it.

Same thing for marriages created in foreign countries. If you are married in Canada, for example, you are granted marital rights in any state in the US, and by the US Government.

When you look at same gender marriages, the same thing ought to be true - but states and the Federal Government, through a series of marriage discrimination amendments and laws assert that it isn't true. The question as to whether any of those are constitutional hasn't been fully tested yet - but the logic of Loving v. Virginia - the mixed race marriage case which was legal in the state in which the marriage was created, but which Virginia refused to recognize - should apply. Given the current composition of the Supreme Court it isn't clear whether they would follow their own precedent.

So - ignoring the constitutional question - based on the existing statutes and amendments you are still married. Once married, there is no such thing as common law divorce; a marriage has to be undone in court via a divorce or dissolution. A law in Texas can't undo a New York marriage. That said, for now neither Texas nor the Federal government will stand in the shoes of New York and honor the rights that New York has no chosen to make available to you - so it will feel very much like you aren't married when you are in Texas because you won't get any of the rights Texas grants to married couples, even though you are still legally married. You will need to be very careful how you answer questions about your marriage that require any sort of verification as to truth (affidavit, attestation, etc.) Is the request for legal status? Are they asking about recognition by the state/federal government? etc. It is a pain - whenever anyone asks if I am married in any formal context my "short" response is "yes, but neither Ohio nor the Federal government recognize it."

It is ironic that in passing the marriage discrimination amendment that Ohio made me more married than any heterosexual couple in Ohio. Because Ohio doesn't recognize my marriage exists, If my spouse and I were to want to split, one of us would need to move to Canada, Iowa, Massachusetts, Vermont, New York, Hawaii, Connecticut, New Hampshire, the District of Columbia, or Hawaii in order to obtain a divorce - because the marriage discrimination amendment prohibits state recognition of my marriage - and the state can't terminate what it refuses to acknowledge exists. (Cases on this very issue cropped up pretty soon after the first same gender marriages, when couples moved to states which have laws or amendments similar to Ohio's.)
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TriMera Donating Member (885 posts) Send PM | Profile | Ignore Sun Jun-26-11 01:40 AM
Response to Original message
9. If you get married in NY and move to Washington State,
they will recognize your marriage as a domestic partnership. No, right now I believe our marriages on non-transferable.
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Q3JR4 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-26-11 03:08 AM
Response to Original message
10. If you are a same-sex couple that gets married anywhere,
the federal government, under DOMA, will not recognize that marriage and neither will any federal institution. Even if you stayed in New York, you and your hypothetical wife's marriage will not be recognized by the IRS.

I think that Texas and New York are so far away from each other in regards to same-sex marriage laws that you could, hypothetically, marry a woman as a woman in New York, then move to Texas and marry a man. In the eyes of the state of Texas you would be legally married to the man and only the man while in New York's eyes you would be guilty of bigamy.

Whether or not Texas would extradite is another question altogether.

Q3JR4.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-26-11 02:06 PM
Response to Original message
12. no , but think of it
Niagara Falls, NYC,Coney Island, Times Sq, Washington Sq etc, a great place to elope to
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