Catching Up On Blogging--Can You Tell?
Eugene Volokh takes a crack at some questions by David Frum regarding gay marriage, and to my mind skips past one problem:
4) A Massachusetts woman marries another Massachusetts woman. The relationship sours. Without obtaining a divorce, she moves to Texas and marries a man. Has she committed bigamy?
No, because Texas law doesn't recognize the original marriage, so according to Texas law, the woman is unmarried. Again, no public policy of Texas is interfered with by Massachusetts' own decisions.
Certainly. But is she guilty of bigamy in Massachusetts? How about if she and her husband return to Massachusetts? Volokh skips over this a bit, because he's answering questions on how Massachusetts would affect the policy of other states. But it's still an interesting question.
Comments
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