• zifnab25 [he/him, any]
    ·
    edit-2
    2 years ago

    These states would have to recognize any standing marriages, but they wouldn’t ever need to issue a new one.

    This is functionally how every marriage has ever worked. You don't need to get re-married if you move from California to Texas. Crazy that its even up for debate to handle things otherwise.

    Also, its not clear how this legislation would actually stop a repeal of Obergefell, since Obergefell v. Kasich was exactly such an instance - couple married in Maryland and demanded Ohio recognize the union.

    SCOTUS could still just say "States have no obligation to recognize out-of-state marriages due to the Bunga-Bunga Clause of the NoHomo Act of 1488, The Bible, and also this collection of poems by Chauncer."