# The next state to legalize same-sex marriage? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 8, 2009, 8:45pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430 "2009-04-08T20:45:39Z")\ **Posts on this page:** 14\ **Page:** 3
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [April 10, 2009, 7:07pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/41 "2009-04-10T19:07:57Z")
> [@Really\_Not\_All\_That\_Bright](#): > > There’s no way that’s constitutional. > > Right? On what grounds would it be unconstitutional? It applies to any marriage that would not be allowed in Wisconsin, and does not single out, say, interracial marriages: > [@](#): > > The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both: > > …Any person residing and intending to continue to reside in this state who goes outside the state and there contracts a marriage prohibited or declared void under the laws of this state. ---
**Author:** ![Kyla](https://avatars.discourse-cdn.com/v4/letter/k/eada6e/32.png) [@Kyla](https://boards.straightdope.com/u/Kyla)\ **Post date:** [April 11, 2009, 5:39pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/42 "2009-04-11T17:39:25Z")
[Hilarious new sign](http://tpmdc.talkingpointsmemo.com/2009/04/anti-gay-rights-calls-its-marriage.php) that NOM NOM NOM has their collective head up their collective ass. Awesome. I’d be angrier if it weren’t so funny. ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [April 11, 2009, 6:44pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/43 "2009-04-11T18:44:13Z")
> [@Walloon](#): > > On what grounds would it be unconstitutional? It applies to any marriage that would not be allowed in Wisconsin, and does not single out, say, interracial marriages: Surely if the Full Faith and Credit clause means anything, it means a state cannot put someone in jail for doing something _in another state_ that’s completely legal in that state. Plus, even if you’ve **murdered** someone in another state, you can’t be tried and sent to jail in another state for it! Gay marriage. Worse than murder. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 11, 2009, 6:59pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/44 "2009-04-11T18:59:05Z")
> [@Walloon](#): > > On what grounds would it be unconstitutional? It applies to any marriage that would not be allowed in Wisconsin, and does not single out, say, interracial marriages: It’s an attempt to enforce the laws of the state beyond the state’s boundaries. I can see where they could make it a criminal offense to be in an illegal marriage while in Wisconsin, but not how they can make it a criminal offense to enter into an illegal marriage outside Wisconsin. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [April 11, 2009, 7:24pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/45 "2009-04-11T19:24:04Z")
> [@Ludovic](#): > > Surely if the Full Faith and Credit clause means anything, it means a state cannot put someone in jail for doing something _in another state_ that’s completely legal in that state. Under the logic of the statute, the crime is not contracting the marriage (there is no long-arm provision), it’s _returning to Wisconsin_ to reside with an illegal marriage. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 11, 2009, 7:27pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/46 "2009-04-11T19:27:46Z")
> [@Walloon](#): > > Under the logic of the statute, the crime is not contracting the marriage (there is no long-arm provision), it’s _returning to Wisconsin_ to reside with an illegal marriage. Under the logic, perhaps, but not the wording. According to the bald text you quoted, the crime is not returning, but entering into the marriage while _intending to return_. In other words, the crime is committed at the moment the marriage license is issued, not at the moment you step over the border. Nitpicking? Sure, but I presume that the Wisconsin legislature has as many lawyers in it as any other. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [April 11, 2009, 7:31pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/47 "2009-04-11T19:31:15Z")
Since there is no long-arm provision in the statute, your interpretation cannot be correct. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [April 11, 2009, 7:40pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/48 "2009-04-11T19:40:40Z")
Wisconsin Statutes Annotated 765.04: > [@](#): > > (2) Proof that a person contracting a marriage in another jurisdiction was (a) domiciled in this state within 12 months prior to the marriage, and resumed residence in this state within 18 months after the date of departure therefrom, or (b) at all times after departure from this state, and until returning maintained a place of residence within this state, shall be prima facie evidence that at the time such marriage was contracted the person resided and intended to continue to reside in this state. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 11, 2009, 7:43pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/49 "2009-04-11T19:43:59Z")
Interesting… all you have to do is stay away for 19 months, then. Can’t imagine it would be _that_ hard to avoid the temptation to go back to Wisconsin. 😉 ---
**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\ **Post date:** [April 11, 2009, 8:13pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/50 "2009-04-11T20:13:59Z")
> [@alphaboi867](#): > > Democrats control the RI House of Representatives 69 to 6 and the RI Senate 33 to 5. These are Rhode Island Democrats, though. They tend towards social conservatism. ---
**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\ **Post date:** [April 11, 2009, 8:30pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/51 "2009-04-11T20:30:01Z")
> [@palindromemordnilap](#): > > Utah. > > Well, when three or more people are in a marriage, at least two of them must be the same sex, right? Not necessarily. I understand that there’s a movement to legally recognize intersex people as a third legal gender category. ---
**Author:** ![PatriotGrrrl](https://avatars.discourse-cdn.com/v4/letter/p/9dc877/32.png) [@PatriotGrrrl](https://boards.straightdope.com/u/PatriotGrrrl)\ **Post date:** [April 30, 2009, 4:01pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/52 "2009-04-30T16:01:25Z")
Same-Sex Marriage Bill Passes NH Senate > **[Manchester, New Hampshire News and Weather - WMUR Channel 9](https://www.wmur.com/?treets=man&tml=man_break&ts=T&tmi=man_break_1_01340104292009)** > > Get the top New Hampshire news of the day. With the latest Manchester news, weather and sports, WMUR is your local news leader. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [April 30, 2009, 4:19pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/53 "2009-04-30T16:19:54Z")
> [@palindromemordnilap](#): > > Utah. > > Well, when three or more people are in a marriage, at least two of them must be the same sex, right? Not necessar… Oh, never mind. You did specify humans. ---
**Author:** ![Fish](https://avatars.discourse-cdn.com/v4/letter/f/bc8723/32.png) [@Fish](https://boards.straightdope.com/u/Fish)\ **Post date:** [April 30, 2009, 4:29pm UTC](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430/54 "2009-04-30T16:29:16Z")
Hot damn. I hope it gets passed in New Hampshire. I just read that [a judiciary committee in Maine](http://www.huffingtonpost.com/huff-wires/20090428/us-xgr-gay-marriage/) was sending a strong recommendation along to the Senate and House there soon. This is like watching a tumble of very large dominoes. In geologic time. [Previous page](https://boards.straightdope.com/t/the-next-state-to-legalize-same-sex-marriage/492430.md?page=2)