When Pennsylvania's Governor Corbett decided not to appeal the federal court decision declaring the state ban on marriage recognition, the Commonwealth became the 20th marriage equality jurisdiction in the U.S. Approximately 44% of the US population now lives in a marriage equality jurisdiction.

Earlier this week lesbian and gay couples in Montana and South Dakota filed challenges to their state bans on recognizing marriages between same-sex couples. That leaves North Dakota as the only state in which no legal challenge is pending.

Every federal district court that has heard a challenge has found the bans unconstitutional under the U.S. Constitution. Appeals are pending in most U.S. Circuit Courts. No one knows how the Circuits will rule on those appeals. Everyone expects the U.S. Supreme Court to accept at least one case in the 2015 or 2016 term. Until then, with the exception of the Pennsylvania decision, all the lower court decisions are on hold. 

Utah has been ordered to recognize the marriages that occurred before the Supreme Court issued a stay in that state's challenge case. The 10th Circuit in Denver, which will decide the appeals in the Oklahoma and Utah cases, is expected to be the first to issue a ruling on the matter.

Rulings in the other appeals may not be issued until 2015.

Still, the tide seems to have turned and marriage equality for lesbian and gay couples...and their children...is becoming a reality. 

Stay tuned; more to come.

Many lesbian and gay couples are taking advantage of the opportunity to get married. For couples living in non-recognition states it is important to consider where you'll get married as well as whether you should get married.

Not all same-sex marriages will last. When they don't the parties involved will need to get a divorce. Where the couple married and where they now live will determine how difficult getting a divorce will be. All states have residency requirements that a couple must meet before filing for a divorce or dissolution.

There are 18 jurisdictions that permit same-sex marriages. 

California, Vermont and DC allow non-resident same-sex couples that married in those jurisdictions to obtain a divorce if they live in a state that does not recognize their marriage. Illinois law states that same-sex couples marrying in the state consent to the state's jurisdiction for matters concerning the marriage, including dissolution, even if neither is a resident.

The other marriage equality jurisdictions have residency requirements that must be met in order to end a marriage. 

If you were married in New York and live in Ohio, you cannot get a divorce in New York unless you or your spouse becomes a resident.

Some Ohio Domestic Relations judges are granting dissolutions and uncontested divorces. However, since Ohio does not recognize same-sex marriages, and no one has appealed any of these divorces, the state Supreme Court has not ruled on whether the divorce courts have the right to grant a divorce.

It is important to consider what happens if the marriage does not work out. Talk with a lawyer before taking the plunge. That may save you time, trouble and money later on.

Most same-sex couples that marry in one of the 18 marriage equality jurisdictions believe their marriage is valid. That may not be the case. 

New Hampshire and Illinois, for example, have "reverse evasion" statutes. These laws prevent non-residents from getting married if their home state would not recognize the marriage. They are not designed to specifically affect same-sex couples. These are laws that have been on the books for years.

The Illinois statute states:         (750 ILCS 5/217) (from Ch. 40, par. 217)

Sec. 217. Marriage by Non-residents - When Void.) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.  (Source: P.A. 80-923.)

Same-sex couples living in a non-recognition jurisdiction cannot enter into marriage in their home state. Since the marriage would be void in their home state, Illinois law prohibits the couple from marrying in that state. 

The New Hampshire legislature is considering legislation that will repeal their reverse evasion statute but there is no similar action pending in Illinois. 

There have been recent news reports from Illinois that many of the licenses being issued in the state are for lesbian and gay couples from Ohio and Indiana. It is important to find out how these statutes affect the validity of the marriage. If the marriage is not valid where celebrated, the federal government will not recognize it. 

It may be necessary for the couple to marry in another marriage equality jurisdiction. In time, these statutes will not be as important because same-sex marriages will be recognized throughout the country.