calimac: (Default)

[personal profile] calimac 2018-06-17 05:15 pm (UTC)(link)
Montana double-proxy marriages: says they're accepted by all other states except Iowa. I'd like to know more about that. The US Constitution has a section called the "full faith and credit" clause, which requires states to accept things done legally in another state even if they'd violate the first state's laws. In the past, this always applied to marriages that violated the other state's consanguinity or age laws. This is why, for instance, people used to go to Nevada to get divorced, because Nevada had low legal hurdles and easy residence requirements, which they enacted for the same reason they legalized gambling: a state with nothing but desert and played-out mines desperately needed the business. And if your divorce was legal in Nevada, other states had to accept it, no matter how high their own hurdles were.

But the rule started to fall apart when some states legalized same-sex marriage. Other states refused to accept them, and somehow no judge said "The Constitution is clear: you can't do that." It's moot now that same-sex marriage has been approved federally, but I wonder if Iowa's ban on Montana proxy marriages is a ghost relic of that breakdown of the full faith & credit clause.