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View Diary: Terminally ill man and his husband fight to force Ohio to recognize their marriage, and judge agrees (81 comments)

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  •  Unlike most of the frontpagers at Volokh (1+ / 0-)
    Recommended by:
    HappyinNM

    some of the commenters there are not exactly great legal minds. People marry in states other than where they're domiciled all the time; divorces are finalized in states other than where the marriages were solemnized and those divorces are seldom contested (except when they happen to involve same-sex couples). You are probably giving those folks far more credit than they deserve by calling their argument "weak." It is essentially non-existent.

    •  That's because (0+ / 0-)

      there's Article IV of the US Constitution.  Which states like mine conveniently ignore unless it might help with a reciprocal concealed carry law or something.

      I'll believe corporations are people when one comes home from Afghanistan in a body bag.

      by mojo11 on Tue Jul 23, 2013 at 09:36:55 AM PDT

      [ Parent ]

    •  IL divorce requires domicile, (0+ / 0-)

      but marriage?  I don't think so.

      "We're now in one of those periods when the reality of intense pressure on the middle class diverges from long-held assumptions of how the American bargain should work" --James Fallows

      by Inland on Tue Jul 23, 2013 at 10:05:19 AM PDT

      [ Parent ]

      •  So to get divorced in IL you had to have been (0+ / 0-)

        married there? I don't think most states (other than perhaps Nevada still) are interested in granting quickie divorces, so most have residency requirements; in general I think they're relatively modest. But those requirements don't pertain to where the original marriage took place. If you go to another state to get married and you're heterosexual, I can pretty much guarantee you that the state you live in will recognize your marriage.

        •  That's not what domicile means. (0+ / 0-)

          It only means where you live and intend to remain.

        •  No, just live there for some 30 or 60 or 90 (1+ / 0-)
          Recommended by:
          sfbob

          days prior to filing.  

          "We're now in one of those periods when the reality of intense pressure on the middle class diverges from long-held assumptions of how the American bargain should work" --James Fallows

          by Inland on Tue Jul 23, 2013 at 12:10:54 PM PDT

          [ Parent ]

          •  That's what I presume (0+ / 0-)

            I do think that recognition of out-of-state marriages however doesn't rely on the couple having lived in the state they were married in, when they were married. Couples marry in states other than the ones where they live for various reasons. My sister was a California resident when she first married but her marriage took place in New York because that was where our parents and the groom's parents lived.

            Questioning James and Arthur's marriage based on domicile is really not going to win as an argument.

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