My clever and creative roommate, Freddy, in the course of discussing my project has determined that, due to same-sex marriages not being recognized in every state, in certain circumstances polygamy can technically be legal. That requires a bit of a qualifier, however, in that there are conditions under which bigamy is technically legal and illegal simultaneously. This is really an exercise in logic, or more precisely, the illogicality of not universally recognizing marriage between same-sex partners across every state of our fine union. His argument goes like this:
A same-sex couple marries one another in a state in which
their union is legally recognized. They then travel to another state, possibly their
home state, in which same-sex marriage, even that performed elsewhere, is not
recognized. Their union, from a legal perspective, is null—it never even took
place in the eyes of the state. Now that their union is void, one or both are
free to marry, in this state that doesn't recognize same-sex marriage, an
opposite-sex partner.
While illegal in the states that recognize same-sex
marriage, this second, opposite-sex union would be the only legal marriage in a
state that doesn't recognize same-sex unions. The relationship, then, is both
legal (in some states) while simultaneously illegal (in others).
In order for this paradox to occur, the marriages have to
take place in this order. Because opposite-sex marriages are recognized throughout
the U.S., if already in one first, you can’t marry someone else of either sex.
The same-sex marriage must be first.
Of course, this argument hinges on a state’s legal wording
for conditions under which opposite-sex marriage can occur. It also hinges on
the interaction of federal law with these state laws. However, if it is the
federal government’s policy to allow states to determine the legal definitions
of marriage for that state, then it should not interfere in state matters of
opposite-sex marriage, either.
Anyway, I am no legal expert, so if anyone reads this and
has a reason why it would not work, please respond. I would like to know the
viability of this argument.
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