What if a type of marriage is legal in one state but not another?

Currently states recognize heterosexual marriage performed in another state, as long as it's valid in the state in which the marriage was performed. (So yes, a marriage in which the legal age might be different depending upon the state would be recognized regardless, as long as it was legal in the state where it happened.)

Things are different for same-sex marriage. Since the U.S. Supreme Court struck down DOMA's definition of marriage as unconstitutional, the federal government must now recognize valid same-sex marriages.

When it comes to state recognition, the law is ever-changing. A few states, California and Washington, explicitly recognize same-sex marriages performed in other states or countries. It's also probably safe to assume that any of the jurisdictions where same-sex marriage is legal will also recognize same-sex marriages from other states. As of September 2013, these include California, Connecticut, Delaware, D.C., Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington. Although Wyoming and New Mexico have not legalized same-sex marriage, courts in these states may recognize a same-sex marriage in order to grant a divorce.

Meanwhile, 36 states have constitutional amendments or state laws that restrict marriage to one man and one woman. None of these states are required to recognize same-sex marriages from other states for any purpose. However, some judges in states where same-sex marriage is not legal will and have recognized a same-sex marriage, for example, to grant a divorce. But without a uniform law that says all states must recognize out of state same-sex marriages, it's impossible to say what will happen in a non-recognition state.

In other words, it's a bit complicated at the moment. Almost certainly, things will be sorted out in time.

In the unlikely event that polygamous relationships become eligible for marriage protections, I expect something similar.

The portion of the defense of marriage act that was not overturned prevents the federal government from forcing states to recognize marriages that would be illegal in their state.

This has been abused by many states with same sex couples in the military. Leaving some soldiers without benefits or other protections.

The Full Faith and Credit clause in the US Constitution ensures that a marriage which is legally performed in one state will be recognized in other states, even if that other state would not legally recognize such a marriage if performed there. Same-sex marriage is an exception only because of the Defense of Marriage Act (DOMA), which declares that states do not have to recognize same-sex marriages legally performed in another state. Many people feel that this provision of DOMA violates the Full Faith and Credit Clause and will eventually be overturned like the rest of DOMA was last June.

It will still be recognized by the federal government, but it may not be recognized at the state level.


This is similar to first cousin marriages. There are still states in the south that do not recognize legal marriages between first cousins.


Underage marriages are usually recognized in other states but not always. 16 year olds can get legally married in all 50 U.S. States and D.C. Younger than that, and states may not recognize them, especially in cases where one party is severely younger than the other. A few years ago, a judge in Arizona was marrying girls as young as 6 years old to older members of the Fundamentalist Latter Day Saints church. When they crossed state lines into Texas, a judge ruled that their marriages were not legal.

The marriage is only legal in states who allow this stupid 'gay' practice.