g*y Marriage Law Question?

Question

My step daughter has announced that she is g*y and is getting married. All I want is for her to be happy, but I do not want to appear stupid with this question. If she gets married, legally in a state that approves this, but we live in a state that does not, is it legal? her soon to be partner has a great job with medical insurance, could my step daughter be added to her partners plan, even though the marriage is not legal in this state, but they were married. my head is spinning... thank you for all of your help!

Answer 1

The marriage would not be recognized in a state that does not allow g*y marriage. And in some states (WI is one) it could be considered a crime to go out of state to get married, and come back to the state afterward.

Will her partner's job provide benefits to your daughter? Maybe. But it is up to the company, not the law. Her partner will need to check with the HR department (or equivalent) at her company to see if your daughter can be included on the benefits.

*EDIT* - The WI law I mentioned is not really enforced currently and have been on the books for almost 100 years (before g*y marriage ever became an issue). But there are some right wing evangelicals that are trying to get the state to enforce it.

Answer 2

g*y marriage is not federally recognized, so if she got married in California for example, then moved somehwere it was not legal, they would not recognize the marriage.

As far as health insurance goes most major companies have health insurance plans for "domestic partners"  That means that two people, g*y or not, living together for a certain amount of time are covered under the health insurance of the other.  As long as the health insurance carrier and company have a policy that covers this, it does not matter what state they live in.

Answer 3

You would need to check your state laws.. but probably not recognized by the state...

As far as the insurance, that depends on whether the company she works for recognizes same-s*x marriage and also the insurance company,... if both companies operate in the state they were married in, they may recognize it....

Answer 4

No, it is up to the state to define marriage and recognize it. If your stepdaughter gets married in a state that allows it, the arrangement will NOT be recognized by a state that does not.

ALL states will recognize civil unions (which do not carry the same rights as a marriage), although some states will not recognize same-s*x civil unions.

Regarding insurance, she'll have to check with her partner's insurance provider.