Will New Jersey recgonize New York's gay marriages?

[HockeyMom]

We know a number of gay couples in New Jersey who may want to get married in New York now.

[Kahuna]

1. Probably not if Christie has anything to say about it. nt

[soleft]

2. Right now I have a Civl Union in NJ

And I'm getting killed on taxes on my partner's health care benefits. I'm wondering if I go married in NY, I think I read or saw that non-residents will be able to marry in NY - if it will affect my tax status.

[dsc]

25. It will be worthless federally

and up to your state for the state.

[CanonRay]

3. I thought they had to under

the "Full Faith and Credit" clause of the constitution, requiring each state to recognize the laws of the others. That's why you can drive in New Jersey with a New York drivers license. Am I nuts?

[Not Me]

5. Not true.

Could be tried in court though.

[Motown_Johnny]

6. I think that is where this is going, once we have a SCOTUS that isn't insane

and that could be a while

[alphafemale]

15. Same principle as Loving vs the State of Virginia.

Really strange that Ted Olsen seems poised one of the lead barristers on this.

[oldhippie]

9. That "Full Faith and Credit" thingee is kinda selective ....

.... and the states tend to pick and choose what they will agree to. I don't think NY or MA will honor my Texas Concealed Handgun License, even though many other stares will. How is a marriage license any different?

[baldguy]

20. A gun can't divorce its owner if the owner is an idiot.

[madinmaryland]

30. LOL!! So true!

[AldebTX]

18. DOMA exempts Gay Marriage

Congress exempts states from recognizing gay marriage.

[shraby]

21. That's the way I read that clause also.

[ruggerson]

22. DOMA has two parts to it

one part exempts same sex marriage from the full faith anid credit clause; the other part mandates that the federal government not recognize any same sex marriages passed by individual states.

[Kcoll]

31. Under the "Public Policy Doctrine"...

...a state need not recognize a marriage entered into in another state with different marriage laws if those laws are contrary to strongly held local public policy. That's longstanding precedent, so a court challenge under the "Full Faith And Credit" clause would probably fail.

[baldguy]

4. Art IV; Sec 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

[HockeyMom]

7. I asked this because NJ at least has Civil Unions

My guess would be that they would recognize NYS marriages. However, in states that have passed their own DOMA laws, they won't, but that is, has been said before, a point to be litigated.

Did you know that the state of Florida will not accept New Jersey Driver's Licenses when you move and want to change for a Florida one? There are certain states that they will not take. Did you know that when my daughter moved back to NY after living in Florida for 4 months, NYS would not take her Florida license? This was after having a NY driver's license for 10 years. Fortunately, for her, the DMV in Florida never confiscated her NY license, so she went home found it, then went back, and just got a renewal. When I move back to NY, I am going to have to go through all that testing all over again, after being a driver in NYS for over 25 years.

Yeah, Full Faith and Credit Clause, right. If they don't want to do it with DRIVERS LICENSES?

[baldguy]

8. DOMA is unconstitutional.

If a state creates it's own restrictions on it's licenses, that's one thing. But if NY says that two people are married, then they're married in NJ - or FL or AZ or TX for that matter.

[oldhippie]

11. So, if Texas ....

.... issues me a Concealed Handgun License (similar to a driver's license), then NY must honor it?

Or is that different?

[baldguy]

16. You do realize that cars and guns are *property*, right?

So, unless you want the govt to think of your spouse as property, it's different.

And even if you have a license from TX for driving a car or carrying a gun, when you're in NY you've got to follow NY law. (If you want to be a "law-abiding citizen" anyway.)

The only reason drivers licenses are recognized from one state to another is because federal law made it that way. Without an agreement between TX and NY, or a similar federal statute for general gun license reciprocity (or for medical licenses, law licenses, for insurance licenses or any other licenses) your TX license is worthless in NY.

[oldhippie]

17. So, "it depends..." ..

... on what we want it to be. Got it. That's what I thought.

[baldguy]

19. Gun rights will = marriage rights when guns can independently enter into binding contracts.

[oldhippie]

26. Which has what to do with "full faith and credit" ......?

Why are you talking about "property"? We were talking about state issued licenses. Why is a driver's license different than a CHL? Both are licenses granted to operate a piece of property.

On second thought, never mind. We're not going to get anywhere.

[baldguy]

27. Because a marriage "license" is a contract between two human beings.

A gun license and a driver's license is not. And a driver's license is also different because the federal govt and the various state govts got together in the '20s & '30s and made it so. There is no such agreement among the state with respect to gun laws.

So unless TX starts having a more rational system of gun laws in the near future, your TX gun license is still going to be useless in NY.

[starroute]

28. Marriage is a contract -- gun licenses are not

If you get a fishing license in Texas, it only entitles you to fish in Texas waters. If you get a dog license, it only covers you for the state where you get it. And gun licenses are also state-specific.

As someone noted elsewhere in the thread, drivers licenses are different only because the states agreed they should be -- since otherwise nobody would be able to drive across state lines.

But marriage is a contract, and contracts are required to be recognized everywhere. They may stipulate that they are to be interpreted according to the laws of the state where they were drawn up, but so far as I know that's the only geographical limitation.

[ruggerson]

23. Yes, but it's going to take a USSC decision to overturn it

or a repeal from Congress.

Until then, it's the law of the land.

[The Eagle 718]

10. Christie won't allow it nt

[DainBramaged]

12. Crispy Christie has an answer for you

[ProSense]

13. If

Jon Corzine was still Governor. He strongly supported teachers and other public service employees, labor unions and marriage equality. Corzine even voted against the IWR. He had to go because he adjusted property tax rebates temporarily to deal with the budget. Now NJ has Gov. Christie, who eliminated the rebate.

NJ was on its way to passing marriage equality, and Corzine would have signed it into law.

During that election, NJ had its WI(Feingold losing) moment.

Sigh!

[no_hypocrisy]

14. If Christie won't allow NJ taxpayers the right to marriage equality, then there's no way

he'd consent to a state compact that would recognize the right bestowed by another state.

[ImNotTed]

24. Gov. Christie's Answer?

NONE OF YOUR BUSINESS!

[Zax2me]

29. They have to - right?

Every state does.