This site uses cookies. By continuing, your consent is assumed. Learn more

104.6fm shares

Gay vs heterosexual marriage


The extension of civil marriageunionand domestic partnership rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of their residence or nationality does not have same-sex marriage or partnerships.

In jurisdictions where same-sex unions are not possible, also divorce or annulment is often not possible, while general conflict of law Gay vs heterosexual marriage sometimes exclude divorce in the jurisdiction where the marriage was celebrated.

In some jurisdictions divorce is possible, even if marriage is not possible. They are listed below:. The federal government's denial of recognition to same-sex marriages before the United States v. Windsor case meant that assets transferred in a divorce settlement were treated as gifts. Hodges case, couples in same-sex marriages with some exceptions could generally obtain a divorce only in jurisdictions that recognized same-sex marriages.

Same-sex couples attempting to divorce in Texas while it did not recognize the validity of same-sex marriages met with different results.

Two cases went before the Texas Supreme Court; [5] the Court declined to hear one [6] and said it had no jurisdiction to decide the other.

Are Same-Sex or Heterosexual Relationships...

A Florida couple who had legally married in Massachusetts, Keiba Lynn Shaw and Mariama Changamire Shaw, challenged Florida's ban on same-sex marriages in order to divorce. When Delaware and Minnesota legalized same-sex marriage in Maythey gave their respective state courts the authority to conduct divorce proceedings in cases where a same-sex couple married in the state but neither party currently resided in a state that recognized their marriage.