Legal Question in Discrimination Law in New York
Marriage
Since mass. has given license for same sex couples to marry can they legally bar out of state same sex couples from obtaining a license for marriage. Would they not have to bar all marriage licenses from getting married whether straight or gay? and if they only bar gay marriages is this not a form of discrimination?
1 Answer from Attorneys
Re: Marriage
I guarantee you this one will end up in court. Generally under the U.S. Constitution States cannot make one set of rule for its own citizens and deny the same rights and privliges of citizens from foreign states. The only exceptions are if the State's citizens are benefitting from a state run program which marriage is not or if the state has a compelling interest in regulating in this manner which I believe will be a difficult argument for Massachusetts to make. Generally laws like these are found to be unconstitutional.
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