KCK_DR

The question is theoretical of course.

But here it is, I get married in California with a man in a fully legal gay marriage.

I go to Kentucky – where I believe gay marriage has not become legal yet – and I get married to a woman.

Have I committed bigamy in Kentucky?

It would stand to reason that by California law I committed bigamy in California, but what about Kentucky and conversely what about immigration law and privileges?

S Folinsky

Interesting question. Really.

DOMA has a provision stating that states need NOT give full faith and credit to gay marriages. That provision was NOT ruled upon by the Supremes.

KCK_DR

I love the U.S. Constitution and legal system, they allow for growth and if life was different in my 20s I think I would have had great fun studying law.

Jonion

Is bigamy only a matter of law?
Or does it include religion? Morals?

KCK_DR

Whereas the breaking the law can have material consequences breaking moral code does not get the government to come after you.

The question is a legal one not a moral or ethical or religious one.

Religion and morality are choices.

One can't make discounts on legality without the fear of secular material consequences.

One does not have to have religion in the U.S.

I do, but it is not a requirement.

jeffreyhy

Depends on whether one is in court or in church when the question comes up.

Regards, JEff

sir_eccles

I would suggest that while Kentucky would not recognize your California marriage as legal, it may view it as sufficient impediment that you would not be free to marry in Kentucky.

A quick read also suggest there have been Federal laws against polygamy directed at the Mormons.

Trixie_b

Very interesting question.... but as gay marriage is accepted federally (for tax and immigration purposes), I suspect that the answer is yes, although I'm not sure that you could be charged in Kentucky. Of course, I have no legal basis for any of this, but would be interested in any response from someone who does.

KCK_DR

I see your point, I can see it going all the way up to the SCOTUS.

The traditions and laws of marriage as well as the U.S. historical experience with marriage is rather unique.

This I believe is just one more chapter of this unique story.

Jerseygirl

I am confused...if you are gay and are married to another guy...why do you wish to marry a woman?

Sally Redux

Interesting question.

I think Kentucky would rejoice rather than prosecute you.

md95065

It was a theoretical question, but it doesn't matter why someone might want to do this the question is what the legal position would be if they actually did do it ...

KCK_DR

Don't be so conventional what about bisexual people!?!

You can be soooo limited

KCK_DR

RoadWarriorFromLP

As there is no federal doctrine for this, that would be Kentucky's decision.

Judging from this, I would think that Kentucky would have a tough time denying the straight marriage, as gay marriages, both in-state and out of state, are considered "void," i.e. it doesn't acknowledge them at all.

http://law.justia.com/codes/kentucky/2011/402-00

Given that, I would think that any effort by Kentucky to block the straight marriage would put the state into a bit of a pickle, since the state would effectively be recognizing a marriage that it claims not to recognize.