States Without Gay Marriage Must Question Gay Divorces
As more and more states legalize same sex marriages there has become a need for divorces of some of those marriages but these same sex couples are facing an unusual situation. With traditional marriages, if a couple moved to another state and wanted to obtain a divorce, they would just go through the legal process no matter the state they currently lived in. But with same sex couples, the marriages are not recognized as legal in all states. For a couple who was married in California then moved to Mississippi and decided to divorce. The marriage was legal in California but not in Mississippi so the judge in their case declared it could not grant a divorce to a marriage that the state does not recognize.
A very similar situation arose with a Massachusetts couple who moved to Texas and hoped to obtain a divorce. The case is still in progress in Texas. These unique situations do raise the question of what to do with these divorces as they come to these courts. If a state does not recognize this legal transaction, how can it rule on breaking what it thinks does not exist? However, other types of state limits on marriages such as age limitations are still recognized as legal marriages in other states.