Will a same-sex marriage that is legal outside the US be recognized in the US?
Houston, TX
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Posted 3 months ago in Marriage / Prenuptials
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My partner is from South Africa. I am American. We are planning on being married while we are in South Africa. Same-sex marriage is legal in South Africa. When/If we return to the States, will our marriage be recognized in the States? What kind of rights would we have?
Answers (1)Lee Keller King
This attorney is licensed in Texas.
Posted 3 months ago.
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Probably not, unless you move to a state which recognizes same-sex marriage, and then possibly only in those states.
As you may have seen in the media, the regulation of marriage is an issue of state law in the United States. A few states have recently taken steps to recognize marriage between two men, or two women. Texas is not one of those states and same-sex marriages are not legal in Texas. However, under the U.S. Constitution all states must give "full faith and credit" to the laws of other states. Therefore, it would seem that if you are legally married in, say, Vermont, and move to Texas, your marriage would continue to be valid in Texas, despite the ban on same-sex marriage here. This theory has not, to my knowledge, been tried in the courts, however. At this time, it appears that your union will only be recognized in those states which recognize same-sex marriages conducted in that state. Please note that I do not normally practice in the family law area and my answer is based on my general understanding of Texas law and is offered for educational purposes, only. Good luck and God bless, Lee Keller King |