Posted by burnsy483 on 1/3/2014 4:53:00 PM (view original):
Posted by MikeT23 on 1/2/2014 1:09:00 PM (view original):He's made the point. It could be seen as a complicated issue because ND could make multiple decisions, each that contradict themselves in some way. If they just allowed SSM, the issues go away. Someone could try to fight ND on this, and maybe ND takes "the easy way out" and allows SSM.
ND will have to refuse a marriage license based on the legal marriage in another state(thus recognizing it as a legal marriage). Then it becomes a spousal benefit issue.
ND could issue a marriage license based on the fact that they don't recognize SSM in other states. That would create a polygamy issue.
ND could just cave and allow SSM because they can't win the other two in court.
As for who would take ND to court, it would be the individual being denied or SSM advocates.
But let's really look at this.
How does this bring up a spousal benefit issue? ND denies legal recognition to ALL gay marriages. It never grants spousal benefits to gay couples. If someone wanted to sue over that, they could (and they'd lose), regardless of the loophole.
If they issue the license, it isn't a polygamy issue in ND because ND doesn't recognize the gay marriage. There would be only one valid marriage in ND. What's the case here? Is Bill going to sue the state for allowing him to enter into a marriage?
There's no angle here. Someone figured something out, brought it to the attention of state officials, and it made a blurb on Reuters.