On July 10, 2014, the New Hampshire Governor signed into law a bill repealing the state's reverse evasion statute. The old law declared any marriage entered into by a nonresident invalid if the couple's home state would not recognize the marriage.
This created problems for lesbian and gay couples who married in New Hampshire but lived in one of the 30 states that do not recognize same-sex marriages. By extension, those couples would find their marriages would not be recognized by the federal government.
Fortunately, all that is gone now with the new law taking effect. And, the law is retroactive. A section of the law applies specifically to same-sex couples. "Sec. 457.44 Nonresidents; Recognition of Same-Sex Marriage. Any marriage of a same-sex couple contracted in this state on or after January 1, 2010 by a party residing or intending to reside in another jurisdiction is valid and legitimate as of the date of its solemnization."
Most lesbian and gay couples that married in New Hampshire and live in a non-recognition jurisdiction were probably unaware of the problems. However, it needed to be fixed.
Illinois has not taken action to repeal its reverse evasion statute and lesbian and gay couples living in nonrecognition states should not marry in Illinois until the law is repealed. Any couple that married in Illinois should consult a lawyer to determine their next step. In the long-term, the Illinois law can be used by a nonrecognition jurisdiction to deny marital benefits if the law is not fixed.
As I've stated many times before, everything involving marriage equality is in a state of flux and it is important to understand your legal rights, responsibilities and obligations before making decisions. Events are moving quickly, changes are happening and the situation is constantly evolving. Often it can be difficult to stay on top of things.
This created problems for lesbian and gay couples who married in New Hampshire but lived in one of the 30 states that do not recognize same-sex marriages. By extension, those couples would find their marriages would not be recognized by the federal government.
Fortunately, all that is gone now with the new law taking effect. And, the law is retroactive. A section of the law applies specifically to same-sex couples. "Sec. 457.44 Nonresidents; Recognition of Same-Sex Marriage. Any marriage of a same-sex couple contracted in this state on or after January 1, 2010 by a party residing or intending to reside in another jurisdiction is valid and legitimate as of the date of its solemnization."
Most lesbian and gay couples that married in New Hampshire and live in a non-recognition jurisdiction were probably unaware of the problems. However, it needed to be fixed.
Illinois has not taken action to repeal its reverse evasion statute and lesbian and gay couples living in nonrecognition states should not marry in Illinois until the law is repealed. Any couple that married in Illinois should consult a lawyer to determine their next step. In the long-term, the Illinois law can be used by a nonrecognition jurisdiction to deny marital benefits if the law is not fixed.
As I've stated many times before, everything involving marriage equality is in a state of flux and it is important to understand your legal rights, responsibilities and obligations before making decisions. Events are moving quickly, changes are happening and the situation is constantly evolving. Often it can be difficult to stay on top of things.
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