Mass vs New York, the gay marriage border dispute.

[lennie]

Not sure when state judges started judging legality across state borders, but they are definitely doing it now.

The marriages of more than 170 gay couples from New York who wed in Massachusetts before last July are valid because New York had not yet explicitly banned same-sex marriages, a Massachusetts judge ruled.

Couples are barred from marrying in Massachusetts if their marriages would be prohibited in their home states. The New York Court of Appeals ruled against same-sex marriages on July 6, 2006.

So they are married in Mass, but they are still banned in NY, right? What's the point of all this? Mass not eager to have New Yorkers move there?

[_BullDog_]

Originally Posted by lennie

Not sure when state judges started judging legality across state borders, but they are definitely doing it now.



So they are married in Mass, but they are still banned in NY, right? What's the point of all this? Mass not eager to have New Yorkers move there?

All Mass did was rule that those marriages are legal in Mass.

eta: which I guess means they don't need to refund the cost of the license.

[Griffin 6]

With a demonstrated ability to stretch the interpretation as far as they did to make that ruling, those judges now qualify to post on the RF.

[lennie]

Originally Posted by _BullDog_

All Mass did was rule that those marriages are legal in Mass.

That's pretty useless in NY. If they move to Mass, the point is moot.

[Griffin 6]

Originally Posted by _BullDog_

All Mass did was rule that those marriages are legal in Mass.

They also ruled that same-sex marriage in NY was previously legal. Not that that part of the ruling could be enforced in NY.

[_BullDog_]

Originally Posted by Griffin 6

They also ruled that same-sex marriage in NY was previously legal. Not that that part of the ruling could be enforced in NY.

I think all they ruled was that for their purposes it was not expicitly illegal so Mass could marry them. I don't see the problem here? They aren't saying NY has to recongize their marraiges. Has New York previously said that same-sex marraige has always been illegal?

[Griffin 6]

Originally Posted by _BullDog_

I don't see the problem here?

It just makes one wonder what other ways subtle wordings in the law gets twisted to suit the purpose of the judge.

[Loner]

IIRC When Spitzer was AG of New York he gave his opinion that NY would have to recognize legal out-of-state gay marriages, although gay marriages couldn't initiate in NY.

[Texas_Acty]

Originally Posted by Loner

IIRC When Spitzer was AG of New York he gave his opinion that NY would have to recognize legal out-of-state gay marriages, although gay marriages couldn't initiate in NY.

Bet he didn't make much mention of that in his recent campaign for guv. OTOH, it wouldn't have hurt him much, either.

[Loner]

Originally Posted by Texas_Acty

Bet he didn't make much mention of that in his recent campaign for guv. OTOH, it wouldn't have hurt him much, either.

Acutally, he has proposed a bill to legalize gay marriage, which he does not expect to pass this year. I don't know where the bill is right now though.