Getting Married Out of State: Q&A
Michigan Equality's national marriage equality partners just issued a Q&A for every couple considering going to California to get married (and we might add this statement also holds true for couples thinking about going next door to Canada). Entitled "Make Change, Not Lawsuits," the Q&A explains that while couples who go out-of-state to marry should ask friends, neighbors and institutions to honor their marriages, they generally shouldn't sue in their home state for recognition. Instead they should fight in other ways which are more likely to win.
As Michigan has banned all forms of same-sex marriage or partnerships, recognition by an employer (public or private) or the government is highly unlikely. Michigan Equality is working hard with our partner organizations to repeal anti-gay discriminatory marriage (and other) laws and provide all citizens of Michigan a place to call home.
Looking forward:
The bottom line is that recognition of marriages by same-sex couples is a developing policy area, with a lot of practical uncertainty for these couples. For some, getting married in a place like Canada or California will provide them with some additional protections they want and deserve for their family. For others, it may not and may instead lead to challenges in other areas of their lives (for example, getting married may jeopardize an individual's status in the military, or pose a danger for bi-national couples).
All couples should also recognize that they are likely to be subject to new legal requirements if they get married. Marriage is a serious legal and personal commitment – much more than just a political or personal statement – and we urge couples considering getting married to proceed thoughtfully with full awareness of the possible consequences of what ever they decide to do. Couples are best advised to speak to an attorney about their particular situation to see if it is advisable for them to get married in another state or in Canada.
In the end, all couples should agree that the best way for our families to have certainty is for the citizens of Michigan to repeal the constitutional amendment banning same-sex marriage. Only with the repealing of laws banning same-sex marriage and the passage of a marriage equality law will all areas of Michigan State government be on the same page and provide true security for committed couples who make a lifetime promise to take care of and be responsible for each other.
For more information, go to:
"Marriage for Same-Sex Couples in California: Frequently Asked Questions"
"Legal Issues for Non-Massachusetts Same-Sex Couples"