By Eric M. Johnson (Reuters) - A man already married to another man in a state that permits same-sex marriage could wed a woman in North Dakota without breaking state laws, the state's top attorney has found. The finding raises potentially complex issues about Social Security and death benefits, tax exemptions and even possible prosecutions for bigamy or polygamy, said a constitutional law expert. Those issues are likely to arise more often with 16 states plus the District of Columbia now recognizing same-sex marriage while a majority of states still ban it, said Jeffrey Shaman, a professor at DePaul University's College of Law. The issue came up when a man giving only his first name called Burleigh County Recorder Debbie Kroshus in September to ask if he could marry a woman in North Dakota if he were already married to a man in another state, she said. "I didn't ask where this caller was calling from or where he planned on getting a marriage license," Kroshus said in a telephone interview, adding that it was not possible to determine if the man had applied for a marriage license. The man could not get a divorce in North Dakota because of the state ban on same-sex marriage and he said the man he is married to also lives in a state that does not recognize gay marriage, Kroshus said. Kroshus asked the state's attorney from Burleigh County to seek the opinion from the attorney general. North Dakota is among the states that ban same-sex marriage by state law and state constitutional amendment. Since it would not recognize the man's same-sex marriage, he could also marry a woman in North Dakota without breaking state laws, Attorney General Wayne Stenehjem said in an opinion dated December 12. Stenehjem also found the man would not be committing a crime in North Dakota if he filled out the application as "single/never married" and declined to discuss whether he could be prosecuted for bigamy in another state if he later moved to a state that recognized same-sex marriage. Shaman said more and more people will enter into same-sex marriages and move to other states as the recognition of same-sex marriage increases. And same-sex couples, like opposite-sex couples, will part ways. "I think there are going to be more and more of these questions," Shaman said in a telephone interview. The Supreme Court has found that federal law must recognize same-sex marriage in states where it is legal, but the ruling in June that struck down part of the Defense of Marriage Act stopped short of requiring states to recognize same-sex marriages from other states, Shaman said. "Although this is pretty extreme in its complexity, situations like these do arise because of the nature of our country," Shaman said. "We are a federation and states have authority to enact laws as they see fit." Stenehjem referenced a part of the Defense of Marriage Act that says states need not recognize a same-sex marriage formed in another state in finding that a marriage license could be issued even if the same-sex marriage was not dissolved. The state attorney general's opinion came a day before a U.S. federal judge struck down a portion of Utah's bigamy law governing cohabitation as unconstitutional, saying it bars consenting adults from living together and criminalizes their intimate sexual relationships. (Reporting by Eric M. Johnson in Seattle and David Bailey in Minneapolis; editing by Gunna Dickson)
Our goal is to create a safe and engaging place for users to connect over interests and passions. In order to improve our community experience, we are temporarily suspending article commenting
- The Daily Beast
DANIEL SLIM/AFP via Getty ImagesTwo foreign female tourists were caught in a crossfire between rival crime groups and shot to death last Thursday in the high-end resort town of Tulum, Mexico. Three other people were also wounded when the firefight broke out in the popular restaurant, La Malquerida, not far from the beach. Of the two women who were killed, one was from Germany and the other India.“They were just in the wrong place at the wrong time, and got caught in an exchange of gunfire betwee
Bill Hemmer and Dana Perino dropped a real whopper this week.
- The Guardian
Revelation of incident ‘buried’ by Abedin contained in new memoir Both/And, to be published next weekUS politics – live coverage Huma Abedin pictured in 2016. Abedin does not name the senator, their party or give any other clues as to his identity. Photograph: Brian Snyder/Reuters Huma Abedin, a longtime close aide to Hillary Clinton, has written in a new book that she was sexually assaulted by a US senator, an incident she “buried” until allegations against the supreme court justice Brett Kavan
The newly-announced SKIMS x Fendi ready-to-wear collection launches on Nov. 9
The tabloid slammed Donald Trump’s eldest son for topping “sick GOP” taunts of Alec Baldwin following the death of cinematographer Halyna Hutchins.
- The Wrap
Inexperienced ‘Rust’ Armorer Enraged Nicolas Cage on Previous Film: ‘You Just Blew My F–ing Eardrums Out!’ (Exclusive)
A crew member demanded that armorer Hannah Gutierrez Reed be fired, but she went on to handle guns on "Rust"
Rep. Sean Patrick Maloney of New York tried to goad the former president in an MSNBC interview.
- WESH - Orlando Videos
Teacher apologizes, sentenced for sex with student
NASCAR fined crew chief Adam Stevens $20,000 and suspended him from Sunday’s Cup Series race at Martinsville Speedway (2 p.m. ET, NBC) when the No. 20 Joe Gibbs Racing Toyota was found with two lug nuts not safe and secure after the playoff race at Kansas Speedway. Stevens was one of two crew chiefs suspended […]
- NBC Sports Boston
The Tampa Bay Buccaneers announced how they'll compensate the fan who initially received Tom Brady's 600th career touchdown pass.
Danica McKellar Leaving Hallmark for GAC Family: Will More 'Countdown to Christmas' Stars Follow Suit?
One of Hallmark Channel‘s go-to actresses has set her sights on a new basic cable home. Danica McKellar, who has headlined more than a half-dozen “Countdown to Christmas” movies for Hallmark since 2015, is departing the network for a new competitor: GAC Family (fka Great American Country). Per Deadline, the Wonder Years vet has signed […]
The state board that oversees Stone Mountain Park, the 3,200-acre park that glorifies the Confederacy and Antebellum South, has selected an entity — the only company to bid — to manage Georgia’s most visited attraction. Why it matters: Stone Mountain has zero connection to the Civil War — no battles were fought there. The monadnock’s mountaintop was the site of the rebirth of the Ku Klux Klan, and activists, residents, and visitors have called for the massive tribute to Confederate generals and
- Footwear News
The actress, of course, was wearing Chanel.
Queen Elizabeth II & Kate Middleton's Bond is Closer Than We Thought After the Monarch's Recent Health Scare
The past few days have been pretty difficult for the royal family. Queen Elizabeth II has been listening to the advice of her physicians and getting some rest, opting to forgo certain trips to Northern Island and, more recently, the COP26 Climate Conference. Luckily, the monarch has the support of her family during this time, […]
- Steelers Wire
Ben Roethlisberger says he's glad he's not the winningest QB at FirstEnergy Stadium.
Which players should you consider dropping ahead of Week 8? Jennifer Eakins runs down her list of cut candidates, including a RB rostered in over 90 percent of leagues.
- The Daily Beast
FBIWarning: This story contains descriptions of sexual assault.A U.S. Embassy staffer accused of drugging and sexually assaulting at least 24 women over a 14-year period was in fact a longtime CIA employee, the FBI announced Monday, as the bureau urged any possible victims to come forward in the case.Serial molester Brian Jeffrey Raymond, 45, was arrested Oct. 9, 2020, in La Mesa, California, where he had been staying with his parents after abruptly quitting his job at the U.S. Embassy in Mexico
Richard “Dick” Evans, who was a staple of 1960s and ’70s television, died on October 2 of cancer, his family announced today. He was 86. In his 40-year career, Evans played opposite Mia Farrow as a series regular on Peyton Place, acted opposite George C. Scott in Islands in the Stream and starred in Jack […]
- NBC Sports EDGE
Jennifer Eakins gives five normally automatic starters to temper expectations for in Week 8. (Eric Hartline-USA TODAY Sports)
- Consequence of Sound
The Mötley Crüe drummer gave his seal of approval to the spectacular stunt by the young musician. High School Marching Band Drummer in Gyroscope Even Impresses Tommy Lee Spencer Kaufman