More Questions For The Legal Eagles

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Jaybird

Jaybird is Birdmojo on Xbox Live and Jaybirdmojo on Playstation's network. He's been playing consoles since the Atari 2600 and it was Zork that taught him how to touch-type. If you've got a song for Wednesday, a commercial for Saturday, a recommendation for Tuesday, an essay for Monday, or, heck, just a handful a questions, fire off an email to AskJaybird-at-gmail.com

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16 Responses

  1. Avatar Caleb says:

    Sure. For example, in VA cases a veteran’s spouse will claim benefits for themselves when they were not “married” according to the law of the nation they claimed marriage in. The state will often recognize the marriage (as will the INS), but the Dept. of Veterans Affairs may not.

    for example: http://caselaw.findlaw.com/us-federal-circuit/1288023.htmlReport

    • Avatar Cletus says:

      I am not sure that applies since it involves recognition of marriage performed in another nation without an affirmative act from any governing body of a US State such as the issuance of a marriage certificate. Now if you could find a similar case where a state like Oklahoma refused to recognize a valid marriage certificate or license from Kentucky on grounds other than same-sex or interracial that would be what is being asked for.Report

  2. Avatar dand says:

    does this include common law marriages?Report

  3. Avatar Lyle says:

    What about the case of the Utah Territory: It appears that polygamous marriages were recognized from its organization, but not recognized by the feds, eventually the government changed the law to make them illegal in Utah. This was after Lincoln, who said effectivly we have enough on our plate with the Civil War let the Mormons be in peace at least till the Civil War is over.Report

    • I wondered about this, too, in respect to pre-statehood Utah.

      I do think, though, that an organized territory would technically be under “federal” jurisdiction, because it’s a territory and not a state (yet).

      However, I don’t know. I hadn’t heard that anecdote about Lincoln, either.Report

  4. Avatar Morat20 says:

    You might want to look into age of consent/minimum ages for marriage/require consent of guardian, you might find some cases there. That’s where there is — or at least was — a sizeable variation in state laws AND a topic that might have gotten some push-back rather than a rubber stamp.Report

    • Avatar Mike Schilling says:

      That’s one reason I asked (that is, asked JB to ask for me.) As far as I know, neither variations of age of consent or consanguinity laws have ever led to a marriage not being recognized.Report

      • Avatar Morat20 says:

        I don’t believe it has either, but that’d be the place to search in my opinion.

        I know that Texas, for instance, cheerfully recognizes a marriage performed in Nevada even if said marriage doesn’t meet Texas’s own fairly lax standards. (I think there was a minor wait between application for the marriage license and getting it? I don’t remember).

        Which, you know, kinda sinks in the notion that I never had to worry at ALL about getting married in one state and another accepting it. I’d have been freaking FURIOUS and felt like some basic right was being denied me if Texas had been “Oh no, we don’t agree with Nevada’s easy marriage policies. You’ll have to do it again here”.

        Which, you know, sorta highlights how much us straights take for granted.Report

        • Avatar Barry says:

          “I’d have been freaking FURIOUS and felt like some basic right was being denied me if Texas had been “Oh no, we don’t agree with Nevada’s easy marriage policies. You’ll have to do it again here”. ”

          The comparable situation would have been “Oh no, we don’t agree with Nevada’s easy marriage policies. You are not married in Texas, pure and simple. “.Report

  5. Avatar Cletus says:

    I keep trying to respond to Burt Likko’s sub-blog but either my comments vanish or I get errors saying “duplicate comment detected.” Help?Report