If gay marriage is illegal in some states, then why are people actually not being being arrested for it?
Answers:
Illegal does not mean criminal.
There are many things that are illegal that do not carry a criminal penalty. Illegal just means the law does not allow it.
Marriage is separately a religious status and a legal status.
Two independent things, but using the same word.
Anyone -- same sex or not -- can get married in a church and have a religious marriage. However, they cannot get any legal benefits of that union because the law does not provide legal benefits for some couples based on gender.
Waste of police resources.
Illegal or invalid? There is a big difference.
Because ppl travel to other states and get married where its legal. If its legal to dog fight in Texas but illegal in Louisiana where i live i can legally go to Texas and fight my dogs and then come back to Louisiana and not be in trouble.
now before everyone gives me thumbs down, i do not fight dogs
Because they can't be arrested for not breaking the law. The law means that they can't get married in those states, not that they'll be arrested if they get married somewhere else.
Article IV of The US Constitution provides:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Also, alot of things are illegal but not enforced. Fornication, sodomy, and adultery is a crime in many states, but the courts ruled that in most instances it cannot be enforced. It comes into play during a divorce, and in Michigan, you can get life imprisonment only if it takes place in connection with another felony.
As I understand, it simply is not valid in those states that do not recognize it. That is something that raises clear Constitutional issues under section 1 of the 14th Amendment:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due proces."
It's not a contravention crime, It's a crime of prohibition. Don't you know the diference?
Because illegal doesn't always mean criminal. Marriage and family laws fall into the civil category, not criminal.
Because the idea of two homosexuals getting "married" is not a crime, it is just not recognized. It' like you claiming to be the reincarnation of Napoleon. As long as you are not defrauding people, you can believe that you are in fact, Napoleon.
Two homosexuals can believe that they are married. It's the rest of us who don't.
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