Is it bigamy?
Oct 16th 2013, 5:31 pm
#16
Lost in BE Cyberspace
Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
Re: Is it bigamy?
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.
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.
Oct 16th 2013, 5:45 pm
#17
Bloody Yank
Joined: Oct 2005
Location: USA! USA!
Posts: 4,186
Re: Is it bigamy?
According to Kentucky, it isn't legally possible to be married to a person of your own gender. Regardless of what you say or don't say, the state law explicitly says that you're not married.
Oct 16th 2013, 10:06 pm
#18
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,474
Re: Is it bigamy?
A related question might be would a Kentucky court entertain a dissolution action? Or what about intestate succession?
Oct 17th 2013, 1:59 am
#20
Account Closed
Joined: Mar 2004
Posts: 2
Re: Is it bigamy?
I also vote that you can not be considered Married by Kentucky, Marriage is a State not Federal issue. There is no Federal law that over rides State law in this case.
Oct 17th 2013, 2:33 am
#21
The Unmod
Joined: Jul 2005
Location: Glen Mills, PA
Posts: 8,870
Re: Is it bigamy?
Here's a twist. If Kentucky does not recognize the California marriage, he can honestly state that he is not married on Kentucky's official forms. Later, in a California court, where his original marriage is still recognized, he can be accused of false swearing or whatever the legal term is.
Oct 17th 2013, 3:15 am
#22
Lost in BE Cyberspace
Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
Re: Is it bigamy?
Pretty sure I read about a case where they had difficulty getting a divorce in a state that didn't recognize their same sex marriage. Can't remember the details though.
Oct 18th 2013, 1:24 pm
#23
The worse half of Weeze
Joined: Mar 2012
Location: Back in TX
Posts: 3,231
Re: Is it bigamy?
Of course someone would NEVER try that just to mess with Kentucky, or any other state like that, would they.....
