According to US law, matt, they aren’t married. There’s no ambiguity.
They really cannot enter the U.S?
What would happen if they lied and said they were single then?
If it was a Canadian government document they were filling out, they would be guilty of filing a false document.
If it was a U.S. government document, presumably, US Customs would accept the lie as truth.
Should US Customs ever need to interact with the Canadian government in the matter of this couple, a can of worms would be opened.
It’s entirely understandable that the couple does not wish to open themselves such a situation, regardless of the odds against it occurring. And there is such a thing as refusing to lie on principle.
I wonder how much this is going to cost the US in Canadian tourist dollars?
Robin
The point is, that while they are in fact married by the laws of their own country, it is impossible for them to be married by the laws of the state of Georgia, & they therefore will be treated as technically “single” while here. I don’t think that is either a lie, or cause for legal action.
It’s a legal & cultural reality, the same as that Sally Hemings ceased to be legally a slave when she entered France, & was a slave again when she returned to the States.
To begin your thread title is misleading, they were not barred from entering the U.S. becuase they are gay. They were barred becuase they refused to fill out the correct forms.
They ain’t according to the U.S. Governtment.
Correct. They were never married in the eyes of the U.S.
No, See Above.
Again they aren’t married, See Above.
This is an overly simple view of the situation. They are legally married in Canada, but the U.S. chooses not to recognize that marriage. It would be interesting if Canada made all American hetero couples renounce their marital status in order to enter the country. According to your logic, they could do that, since every country has the sovereign right to choose to not recognize the marriages of another country.
No, they weren’t denied entry period.
No, it wouldn’t. They are not, as far as the American Government is concerned, married. This is just plain silly. What’s next- will someone licensed to practice law in Canada insist on having the US recognize him as a lawyer? Does the concept of national sovereignty mean nothing to you?
Fear Itself
No, it is a completely comprehensive description of the situation.
Yes, they could. Or they could require all such couples to declare themselves to be Shirleyed. That’s their right.
Shirleyed?
No, but neither should we prohibit him from saying his occupation is a lawyer if he’s asked by a US customs agent. So he can’t practice law in the US. This doesn’t mean he is not a lawyer.
The US doesn’t have to recognize gay marriage to recognize that others do. I hardly believe you would actually think so.
Actually, at least two people prior to your post asked to have their ignorance of the law eradicated. I join their request. Sure, the United States isn’t required to recognize gay marriages, whatever that means for travelers(what, they can’t get the honeymoon suite?). But as matt points out, saying they are single may (may) be considered a false declaration, which would get them deported pronto. So when the sheik and his wives come and take over the top floor of the Plaza hotel, what do they put on the forms? Before we take a position on what the government should do here, I think knowledge of what they’ve done in the past would be probative, yes?
FearItself:
“Shirleyed” comes from another thread in which Dopers were asked if a legal contract that for all intents and purposes was marriage (same rights, responsibilities, etc.) came about and it was called something else instead of “marriage”, would gay people sign on for it?
Thus coining for us the term “Shirley” and “Shirleyed”
Linkypoo
Cause they have a separate legal system
No , but they are not recognized as married, thats the difference
It may be unfair , but until congress decides to recognize same sex marriages on par with hetero marriages ,then its gonna take some fancy foot work on the part of the happy couple.
Just because some provincial governments decided to recognize the marriage without a consensus among our own little clique of provinces ,does not mean that the wider world dances to our tune.
Why lash out at US customs , they are only following guidelines set down by congress , if you want to voice your displeasure , try emailing senator clinton , or one of the other new york , or michigan senators.
Or follow up with a conversation with your local mp.
Declan
I don’t think the United States recognizes all forms of marriage throughout the world. For example someone with multiple wives can’t come bring them here and claim them all as wives. Unfortunately we don’t allow homosexuals to marry in the United States as of yet and I’m sure most homosexual Canadians realize that. All they had to do was fill out the proper paperwork to come into the country.
Marc
Haven’t you ever heard the phrase “shotgun wedding”?
An excellent point was brought up. My mom is not licensed to practice medicine anywhere in the U.S. Does this mean she’s not a doctor when she’s in the U.S.? Should she not put “physician” on the form when asked her occupation?
If she’s still a doctor even though the US doesn’t recognize her certification, I say these fellows are still married even though the US doesn’t recognize their marriage.
I am strongly in favor of gay marriage. I base my voting decisions based on this fact and I am not ashamed of this opinion. That being said, when you are a guest in this country you will respect our laws when you are here or you can stay the fuck home. Fill out a second form and quit whining.
“Barred from entering US”? Would you like some fries with that hyberbole?
When I am working in Malaysia, I have to seriously restrict what I can say because they do not have free speech there. You can and will be jailed for criticizing the government or having religious discourse with a Moslem. I hate those laws but I repect then when I am there.
Haj
Oh, the irony.
Now that Gadarene has addressed your objection, perhaps you would like to revisit my contention. Thanks.
Vis a vis the polygamy question:
To quote Jack Nicholson “Well, don’t I feel like the fucking asshole”.
My bad. Sorry about that.
Anyway, to address that point. I agree with you, what I threw out there was simply for purposes of comparison. We are under no obligation to recognize any of their laws, nor is Canada under any obligation to recognize any of ours. The gun law was just the first thing that came to my mind.