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Wednesday, May 12, 2004

BLAME CANADA: Interstate vs. international recognition of SSM, from Gabriel Rosenberg

...Banning same-sex marriage throughout the United States, however, will not avoid Frum's questions. That is because same-sex marriage is already legal elsewhere, for example, Canada. So just replace Massachusetts with Ontario in Frum's questions and we will still be faced with the consequences that follow from not recognizing valid marriages. ...

...And actually, at least for the time being, we are more likely to have deal with these scenarios arising from Canada. That is because the general rule of law is that a marriage valid where celebrated is valid everywhere. There are exceptions to this rule, and many states as well as the federal government have carved out an exception for same-sex marriages. The rule does not depend, though, on whether that location was another state or another country. It does matter, though, whether the marriage was valid where celebrated.

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