Same-sex marriage raises legal issues
The message that lesbians and gay couples can apply for marriage licenses and marry legally in Massachusetts from May 17 mines, the rights of States to develop their own political family against the right of their obligations to the conflict to recognize the right to reports in other countries. Reflecting on what happens with two women to marry in Massachusetts, and then again later or move to another state, do not allow two women or two men for a license. If the law of Massachusetts fixation of their rights, their rights or that they depend on the laws where they live?
The practical implications of this question are enormous. If the lesbian couple to divorce in their new country, when their relationship breaks? If not, then by what legal proceedings, they share their property? What would it mean that the rights of children if the marriage disintegrates after the family settles in another state? If a spouse dies, the other inherit their property automatically? Are you married, or simply for purposes of tax legislation? To respond to any of these questions, it may also, regardless of whether the two were long-term residents of Massachusetts at the time of marriage or whether they had gone to the Bay State with the sole purpose of circumvent its own citizens more restrictive law.
Even if Massachusetts, ahead with a controversial amendment to the state constitution, homosexual marriages end of the year 2006 or later, what will happen, that couples get married in the intervening time? Anyway, thinking about morality underlying problem, it seems hardly possible to give retroactive effect known that children born or adopted by the couple during the night legally illegitimate. But then, the result is no worse than changing the status of children, going back and forth between legitimate and illegitimate as their families drive across the country. And yet, this is the direction in which we seem to be headed, given that 38 states have already stated they have no intention of the validity of marriage was received elsewhere.
These questions are new and more uncertain, and yet their answers will depend on the application of a moral principle, known as the “conflict of laws” which is as old as American law. Private International Law deals with overlapping and sometimes contradictory, rights and obligations, by 50 states and the federal government. It comes into play, if a court decision or legislation announced in a country (or in a foreign country) must be recognized in d other countries.
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