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DOMA and foreign marriages
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John Levine
Mar 28, 2013, 5:00:49 PM3/28/13
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Today the Supreme Court heard oral arguments in US vs. Windsor. For
anyone who's been living under a rock, Windsor is a New York resident
who married her long term same sex partner in Toronto in 2007 before
NY allowed same-sex marriage. When her wife died with a substantial
estate, the US disallowed the spousal estate tax exclusion due to
DOMA, which Windsor is challenging.
In all the reporting I've seen, there's been no question that the
Canadian marriage was valid in the US, at least under state law.
Since Canadian marriage laws are similar to the US, that's not
too surprising.
What if a guy married two women in Egypt where that's legal, they come
to the US, and he dies. (Wave our hands and assume they're all US
citizens so there's no immigration issues.) Who's eligible for the
estate tax exclusion? The first wife? Both? Neither? Assume they're
in a state where same sex marriage isn't allowed; if a foreign same
sex marriage is valid, is a foreign polygamous marriage? If DOMA is
invalidated, does that change the answer?
Or assume there's only one wife, but she's twelve years old, again
married in a country where that's legal. Same questions.
--
Regards,
John Levine, jo...@iecc.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. http://jl.ly
anyone who's been living under a rock, Windsor is a New York resident
who married her long term same sex partner in Toronto in 2007 before
NY allowed same-sex marriage. When her wife died with a substantial
estate, the US disallowed the spousal estate tax exclusion due to
DOMA, which Windsor is challenging.
In all the reporting I've seen, there's been no question that the
Canadian marriage was valid in the US, at least under state law.
Since Canadian marriage laws are similar to the US, that's not
too surprising.
What if a guy married two women in Egypt where that's legal, they come
to the US, and he dies. (Wave our hands and assume they're all US
citizens so there's no immigration issues.) Who's eligible for the
estate tax exclusion? The first wife? Both? Neither? Assume they're
in a state where same sex marriage isn't allowed; if a foreign same
sex marriage is valid, is a foreign polygamous marriage? If DOMA is
invalidated, does that change the answer?
Or assume there's only one wife, but she's twelve years old, again
married in a country where that's legal. Same questions.
--
Regards,
John Levine, jo...@iecc.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. http://jl.ly
Stuart A. Bronstein
Apr 3, 2013, 3:02:17 PM4/3/13
to
John Levine <jo...@iecc.com> wrote:
> Today the Supreme Court heard oral arguments in US vs. Windsor.
> For anyone who's been living under a rock, Windsor is a New York
> resident who married her long term same sex partner in Toronto
> in 2007 before NY allowed same-sex marriage. When her wife died
> with a substantial estate, the US disallowed the spousal estate
> tax exclusion due to DOMA, which Windsor is challenging.
>
> Today the Supreme Court heard oral arguments in US vs. Windsor.
> For anyone who's been living under a rock, Windsor is a New York
> resident who married her long term same sex partner in Toronto
> in 2007 before NY allowed same-sex marriage. When her wife died
> with a substantial estate, the US disallowed the spousal estate
> tax exclusion due to DOMA, which Windsor is challenging.
>
> What if a guy married two women in Egypt where that's legal,
> they come to the US, and he dies. (Wave our hands and assume
> they're all US citizens so there's no immigration issues.)
> Who's eligible for the estate tax exclusion? The first wife?
> Both? Neither? Assume they're in a state where same sex
> marriage isn't allowed; if a foreign same sex marriage is valid,
> is a foreign polygamous marriage? If DOMA is invalidated, does
> that change the answer?
Excellent question. As far as I'm aware, the US will recognize (or
> they come to the US, and he dies. (Wave our hands and assume
> they're all US citizens so there's no immigration issues.)
> Who's eligible for the estate tax exclusion? The first wife?
> Both? Neither? Assume they're in a state where same sex
> marriage isn't allowed; if a foreign same sex marriage is valid,
> is a foreign polygamous marriage? If DOMA is invalidated, does
> that change the answer?
at least not interfere with) foreign marriages that may not be
legal under US law, as long as the visit to the US is temporary.
If it's permenant then US law may apply to void a (or the)
marriage.
I've never had occasion to research this point, of course, but I do
recall discussions in law school that dealt with this kind of
issue.
The issue is more complicated when it comes to the laws of other
states, because of Constitutional provisions that don't apply to
foreign marriages.
--
Stu
http://DownToEarthLawyer.com
AndyS
Apr 3, 2013, 3:05:07 PM4/3/13
to
If you google the string "Are foreign marriages recognized in
the US" you will find numerous hits from many learned sources
discussing this subject.
In a nutshell, for it to be recognized in the US, it must be
authenticated beforehand. Procedures for having this done are
spelled out in most of these sources.
... and, in general, if the foreign marriage is in accordance
with US laws and "public policy", papers of authentication
will be issued. My own interpretation is that you cannot have
a marriage to a 10 year old, or to a harem, or to various
farm animals authenticated.... but your circumstances may
be different.
However, the above is a simplified summary. You need to
review the sources mentioned to determine the complexity
of your particular question...... Good luck....
the US" you will find numerous hits from many learned sources
discussing this subject.
In a nutshell, for it to be recognized in the US, it must be
authenticated beforehand. Procedures for having this done are
spelled out in most of these sources.
... and, in general, if the foreign marriage is in accordance
with US laws and "public policy", papers of authentication
will be issued. My own interpretation is that you cannot have
a marriage to a 10 year old, or to a harem, or to various
farm animals authenticated.... but your circumstances may
be different.
However, the above is a simplified summary. You need to
review the sources mentioned to determine the complexity
of your particular question...... Good luck....
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