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Ms. Toad

(38,440 posts)
16. Common law marriage is an example many people are familiar with.
Sat Sep 27, 2014, 05:05 PM
Sep 2014

But the principles are the same anytime the federal government has to decide whether to recognize a marriage. The key determinant of whether a marriage is recognized for federal taxes is whether the marriage was valid when and where it was created. If they were a mixed gender couple who resided in Ohio in 1985 and established a common law marriage, and moved later to New York, what matters for deciding their status for federal tax matters is only what happened Ohio in 1985 (absent death or a later termination by a court). New York's recognition, or lack thereof, of common law marriages doesn't even come up when you determine marital status for federal tax purposes (or social security - and likely others - those are the two I am intimately familiar with).

Where Edie Windsor acquired her marital status was not from New York, but from Canada. I would agree more with your analysis if, for example, she had been married in a state which recognize same gender marriages. Then the federal government would be taking away rights a state (other than New York) had chosen to grant. It is hard to wrap your mind around, because for mixed gender couples marriage and the recognition of marriages from another state coincide in time, so you don't normally think of the act the rights originate from - unless you have spent a fair amount of time analyzing marital status for tax or social security purposes. The analysis you work through has nothing to do with the state of residence at the time of interfacing with the tax system - it has to do with the law in the state where the marriage occurred.

(As for strong public policy - that is not just an international matter, the same concept applies to marriages in other states - and if you read the opinion carefully, you will note that the decision and later interpretations do not distinguish state marriages from international marriages. )

Recommendations

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I wish for equality of all kinds, including marriage equality, with merrily Sep 2014 #1
My gut prediction is for a 6-3 vote. hifiguy Sep 2014 #2
From your mouth to Roberts and Kennedy's ears. merrily Sep 2014 #4
It's worth reading Posner's opinion in Wood v. Walker. hifiguy Sep 2014 #7
Was it wrong to smile when I read your post? merrily Sep 2014 #11
lol @ Uncle Ruckus....heh heh heh.=) fitting though Volaris Sep 2014 #13
And Roberts has a gay cousin... awoke_in_2003 Sep 2014 #19
My guess is 5/4, and I'm not sure which way. Donald Ian Rankin Sep 2014 #20
Actually - the asserted basis was a bunch of hand waving Ms. Toad Sep 2014 #9
Thanks. I did read the opinion. I think the fact that New York merrily Sep 2014 #14
Common law marriage is an example many people are familiar with. Ms. Toad Sep 2014 #16
We just disagree on the deprivation of a marital right merrily Sep 2014 #24
As I said - strong public policy also applies to inter-state recognition of marriages. Ms. Toad Sep 2014 #25
Thanks. I'll stick with my prior posts to you on this. merrily Sep 2014 #27
Hard to get my hopes up. Behind the Aegis Sep 2014 #3
... merrily Sep 2014 #5
I refuse to accept anything but success. William769 Sep 2014 #12
+1. merrily Sep 2014 #15
I'm cautiously optimistic. Terra Alta Sep 2014 #6
Thats how I feel. William769 Sep 2014 #10
K&R !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! RKP5637 Sep 2014 #8
Freedom and Equality will succeed Iliyah Sep 2014 #17
I am right there with you! William769 Sep 2014 #22
Equality~Freedom to Marry~ Cha Sep 2014 #18
I am hoping to catch it on television in the next couple of days. William769 Sep 2014 #21
I hope you see it, too.. I don't have one of those TVs.. Cha Sep 2014 #23
I just saw it this morning, great ad. n/t RKP5637 Sep 2014 #26
I have little faith in SCOTUS to rule fairly, some are just another political operative, but RKP5637 Sep 2014 #28
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