Marriage » State Laws http://marriage.laws.com Marriage- Marriage Counseling, Same Sex Marriage, Marriage License, Common Law, Vital Records Tue, 15 Nov 2016 16:06:17 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.18 Gay Marriage Laws in Kansas http://marriage.laws.com/gay/state-laws/kansas http://marriage.laws.com/gay/state-laws/kansas#comments Fri, 03 Apr 2015 14:02:54 +0000  

In Kansas, gay marriage is explicitly banned by state laws and no same sex relationship is allowed to be legally recognized. Although Kansas currently has the Defense of Marriage Act as state law, the state also has constitutional amendments banning gay marriage and other same sex relationships in Kansas. Marriage is defined by DOMA as a union between an opposite sex couple. In Kansas, gay marriage is explicitly forbidden by the state's constitution and by statutes. In fact, the state will not recognize same sex relationships in any way. The Kansas Constitution clearly states that no same sex relationship is to be legally recognized in Kansas. Marriages shall only be recognized if they conform to state laws, which indicate that the union must be between opposite sex individuals. In fact, no same sex relationship is entitled to any legal rights or benefits that are afforded to marriage. In essence, couples in a same sex relationship, are not entitled to any legal rights regarding their relationship. For instance, couples cannot seek to share health insurance or purchase property jointly.

In fact, same sex couples may find that encounter many difficulties simply because they are not legally related to one another. For instance, a partner would be unable to visit their partner in the ICU because they are not related.  In addition, they would be unable to make any health care decisions effecting their partner. This can be one of those most difficult situations. Usually, partners are the ones that are most aware of how their partner feels regarding certain medical situations. I can be heartbreaking when they are unable to make those wishes clear to medical professionals.

Statutes in Kansas dictate that same sex relationships are contrary to public policy. In Kansas, marriages performed in other states, will only be recognized if they conform to Kansas marriage laws. In essence, gay marriages performed legally in other states, will not be recognized in the state of Kansas. Marriages performed in other states will not be entitled to any of the rights and responsibilities associated with marriage, unless that marriage was performed according to the Kansas law. Gay marriage does not appear to be a legally recognized option in Kansas in the immediate future.

In Kansas, gay rights do not appear to be a priority for the state. While many supporters of gay marriage and gay rights, try to enact change, the general population has remained unsupportive. In fact, the laws are clear in opposing gay marriage in Kansas. Gay marriage is not likely to be an option in Kansas any time soon. It takes a long time to have amendment's overturned by the courts.


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Gay Marriage Laws in Kentucky http://marriage.laws.com/gay/state-laws/kentucky http://marriage.laws.com/gay/state-laws/kentucky#comments Fri, 03 Apr 2015 14:02:26 +0000 In Kentucky, gay marriage is not currently legal. In fact, the state currently has the Defense of Marriage Act written into their Constitution and the state's law.  The state's Constitution defines marriage as a union between a man and a woman in Section 233A. In fact, the language was approved by the voters with nearly 75 percent of the votes.The language also stated that no union , other than marriage, would be recognized by the state. Effectively, there was to be no legal recognition of any same sex relationships. In Kentucky, marriage consists of a union of an opposite sex couple.


In Kentucky, marriage has apparently always been defined as a union between a man and a woman. In fact, case law goes back to 1970 at which time a lesbian couple attempted to get married. The state claimed that even though they did not currently define marriage in their constitution, it was always known to be a union between two opposite sex individuals. 


The state claimed that refusal of a marriage license was based on recorded history which only referenced marriage as a union between a man and a woman. In essence, Kentucky marriage was defined in manner to exclude same sex marriage. In addition, Kentucky revised statutes to prohibit marriage between same sex couples. Section 402.005 defined Kentucky marriage as legal only if it conformed to their constitutional definition. In Kentucky, gay couples are explicitly forbidden from legally recognizing their relationship.


In Kentucky, gay marriage is banned in the state's Constitution and in Statutes. In fact, the laws banning same sex marriage are very clear and explicit in Kentucky. Gay marriage, and other same sex relationships, receive no legal recognition whatsoever in Kentucky. Marriage is clearly defined in law, several times, to avoid any allowance for same sex couples. 


In fact, the law clearly states that it will no recognize any same sex relationship, even couples that were legally married in another state.  In Kentucky, gay couples are not entitled to any rights and responsibilities that are usually afforded to marriage. This includes issues pertaining to health care decisions, health insurance, the right to own joint property and even the right to divorce. In fact, no individuals can be ordered to pay alimony or to divide property.


In Kentucky, gay rights are treated differently then the rights of the rest of the citizens of the state. In fact, Kentucky laws relating to same sex relationships, are quite obviously discriminatory.

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Gay Marriage Laws in Louisiana http://marriage.laws.com/gay/state-laws/louisiana http://marriage.laws.com/gay/state-laws/louisiana#comments Fri, 03 Apr 2015 14:02:26 +0000

 

In Louisiana, gay marriage is currently illegal. In fact, Louisiana enacted the Defense of Marriage act like many other states that sought to define marriage in legal terms. In Louisiana, marriage is only legally recognized if it is a union between a man and a woman due to the language in DOMA. In addition, Louisiana passed legislation that banned gay marriage and civil unions from being recognized by the state, regardless of where they were performed. 

However, A judge overturned the legislation based on the fact that it covers same sex marriages and civil unions in unison. That ruling in currently being challenged in court. Currently, the legality of domestic partnership is not being questioned. Currently, in Louisiana, marriage is only recognized if it is a union between an opposite sex couple.

In Louisiana, gay rights are in serious decline. At one time, Louisiana had discrimination laws in place to protect the LGBT community. However, those protections were allowed to expire and the state currently offers no protections against discrimination in the LGBT community. Louisiana does currently cover sexual orientation under the hate crime laws, however gender identity is not covered by the Louisiana law.

In addition, Louisiana does not recognize same sex marriages that took place in another state. Same sex couples are afforded no legal rights or responsibilities because of their relationship. In Louisiana, gay rights seem to lacking the attention that they deserve. While the south is traditionally known for being more conservative, they should still strive to provide all citizens with equal rights.

In Louisiana, marriage or any form of a legally recognized same sex relationships, is legally forbidden. In fact, the laws are clearly discriminatory in Louisiana. Gay couples are offered no legal rights due to their relationship and in fact, they are offered no protection against discrimination. In Louisiana, Gay couples and individuals are fighting a battle to obtain the most basic rights afforded to the general public. 

While the LGBT is currently not protected from discrimination, one cannot expect that they will receive equal rights. In Louisiana, marriage may always be an issue for the gay community. In fact, the struggle for equal rights appears to be far from over in Louisiana. Marriage is a basic right but LGBT citizens need to fight for even the most basic rights in Louisiana, and many other states as well.


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Keep Yourself Safe with a State Driving Curfew http://marriage.laws.com/gay-marriage/state-laws/state-driving-curfew http://marriage.laws.com/gay-marriage/state-laws/state-driving-curfew#comments Fri, 03 Apr 2015 14:02:26 +0000
Curfew laws will prevent people from going out into public and into specific kinds of public spaces at certain points in the day, most commonly at certain points in the evening considered to be particularly late, and applicable to people under a certain age considered to consign greater experience and self-control. 


As such, curfew Laws in the U.S. can vary from state to state, and indeed from one municipality to another. 


Curfew laws may thus be regarded as one of the basic functions which state and otherwise local governments are generally tasked with, as opposed to that of the federal government. 


Curfew laws accordingly may vary in terms of the category of people on whom they are imposed, the particular hour of the day which curfew Laws require, and the enforcement measures which are put into place to enable curfew laws. As such, curfew Laws may involve different fines or penalties.

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Does a Marriage Follow State Laws? http://marriage.laws.com/gay-marriage/state-laws/state-laws http://marriage.laws.com/gay-marriage/state-laws/state-laws#comments Fri, 03 Apr 2015 14:02:26 +0000
In the United States, each individual state will have its own state laws which are intended to promote the overall welfare of the state. However, even though state law is often times different from federal law, the United States as a country is ruled under federal law. 
State laws were created as a result of the reasons behind the American Revolution. Because it was a concern to implement a government that had all the central powers which could lead to a tyrannical rule, states were allowed to devise state laws to provide for the governing of the people within such states.
However, even though state law applies to each different state, It is the United States Federal Laws which rule the country as a whole. Furthermore, state laws and federal laws differ in the sense of the certain areas in which they apply. For example federal income tax concerns are governed by the federal laws, though matters such as marriage and divorce are overseen in state law. 

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Is There a Difference Between Federal and State Law? http://marriage.laws.com/gay-marriage/state-laws/state-law http://marriage.laws.com/gay-marriage/state-laws/state-law#comments Fri, 03 Apr 2015 14:02:26 +0000
In the United States, there are laws that apply at the federal, state, and local levels. State laws in the countries are codes of legislation and statutes that are considered separate from those in kept in federal legislation, which apply to the nation as a whole. State laws are meant to not only establish certain legal applications, but essentially exist as the internal structure for the state's government. 
Therefore, all state laws are created and implemented by the states unto themselves. Laws that are created by the state will often times be based on federal laws as well, though certain changes may be applied to make a particular statute more strict. 
An example can be in terms of the DUI laws that exist at the federal level. The federal laws regarding DUI BAC levels impose a national 0.08% limit. However, there are certain states that impose a lower limit and also a "zero tolerance" provision, further applying federal laws but making them more severe at the state level. 


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Gay Marriage Laws in Indiana http://marriage.laws.com/gay/state-laws/indiana http://marriage.laws.com/gay/state-laws/indiana#comments Fri, 03 Apr 2015 14:02:25 +0000 Currently, Indiana prohibits legal recognition for same sex marriage or for any relationship between same sex couples. In fact, Indiana passed the Defense of Marriage Act, which bans same sex unions through the use of language, without explicitly forbidding it. While the state does have a statute that bans Indiana gay marriages, they do not yet have an amendment in place that bans same sex marriage. In fact, those supporting gay marriage rights argue that the amendment will violate their constitutional rights. By attempting to pass the amendment, the state opens itself to lawsuits that challenge equal rights for the state's citizens.


There are many citizens that are supporting gay marriage rights and the benefits and responsibilities associated with the union. However, there are also many that still hold onto the definition of marriage that includes language describing a marriage as a union between a man and a woman. In fact, the state has tried to put an additional legal ban for gay marriage into place through a constitutional amendment. 


However, the measure failed to pass and it cannot be voted on again until 2012. The state does have a statute that forbids same sex marriage but many argue that it is much easier to overturn a statue than it is to remove an amendment from the state's Constitution. Many that are supporting gay marriage, have fought hard to prevent the passage of the amendment. In fact, those supporting gay marriage believe that they can have the statute overturned before the new amendment is in place.


In Indiana, gay rights ideals are involved in a conflict between supporters and those that oppose equal rights for all. Many citizens are supporting gay marriage rights and do not want an amendment in place that would forbid same sex marriage. In Indiana, gay marriage rights are really undecided by the state. 


If the constitutional amendment passes, it will be much more difficult for the LGBT community to obtain equal rights up to, and including marriage. However, if the amendment fails to pass, the state may overturn the statute and open the legal possibility of gay marriage in Indiana. Gay rights may be moving in the right direct, aiming for equality for all citizens, regardless of sexual orientation of gender identity. In Indiana, gay marriage is one right that will move equal rights in the right direction.

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Gay Marriage Laws in Iowa http://marriage.laws.com/gay/state-laws/iowa http://marriage.laws.com/gay/state-laws/iowa#comments Fri, 03 Apr 2015 14:02:25 +0000 In Iowa, gay marriage is legally recognized as of April, 2009. While there are many that favor the gay marriage pros rather than focusing on the cons, many other states still fail to legally recognize gay marriage. Iowa is similar to other states because it had originally adopted DOMA. The Defense of Marriage Act was enacted to protect the sanctity of marriage as a union between a man and a woman. 


However, the state did vote down a constitutional amendment that would have banned same sex marriages in the state. In fact, the constitutional Amendment would have disallowed any legal recognition of same sex relationships. Gay marriage pros include the legal recognition of relationships and the benefits associated with marriage.


In Iowa, gay marriage was forbidden from being recognized due to the language in the Defense of Marriage Act. In fact, many states choose this route because they only legally recognize marriages between opposite sex couples due to the nature of the language in DOMA. However, the constitutional amendment that sought to ban gay marriage was struck down because it violated the constitutional rights of members of the LGBT community. 


Once marriage was decided to be a constitutional right, Iowa had to begin to legally recognize same sex marriage. One gay marriage pro is that it offers an equal opportunity for all citizens to marry and enjoy the benefits of a legally recognized marriage. In Iowa, gay marriages allow every individual the right to benefits that one can only acquire through marriage.


In Iowa, gay marriage was legally recognized for a brief period in 2007.In fact, several marriage licenses were issued and two same sex weddings took place. However, a stay was issued and a hold was put on the legal recognition of same sex marriages. Many individuals were outraged and the event sparked a debate about gay marriage pros. 


Later, there was a lawsuit that argued that the ruling violated constitutional rights and the state legally recognized same sex marriages. In fact, Iowa currently recognizes same sex marriages that were performed in another state.


In Iowa, it is understood that the state saves millions by allowing gay marriages. Pro gay marriage advocates believe that the revenue form same sex marriages will help to balance the states budget. In Iowa, gay marriages are currently recognized and citizens can enjoy all the rights and responsibilities associated with marriage.


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Gay Marriage Laws in Hawaii http://marriage.laws.com/gay/state-laws/hawaii http://marriage.laws.com/gay/state-laws/hawaii#comments Fri, 03 Apr 2015 14:01:58 +0000

In 1993, the State Supreme Court ruled in favor of gay marriage in Hawaii. However, the Supreme court was overruled by an amendment that stated the Supreme court did not have that decision making authority. Gay marriage in Hawaii was quickly made illegal by the legislature. However, Hawaii does allow for some rights as they relate to domestic partnership. In 1997, Hawaii began to offer reciprocal beneficiary registration. Gay marriage in Hawaii is not legal, but same sex couples can be afforded the same rights as married couples. In Hawaii, gay marriage is only illegal by definition. In fact, same sex couples in Hawaii are afforded more rights that in most states.

In Hawaii, gay marriage is not legally recognized. However, couples can enter into an agreement that affords them many rights in regards to their relationship. Reciprocal beneficiary registration allows couples to be entitled to some rights that are usually obtained through a legal marriage. For instance, couples acquire inheritance rights and the right to acquire health insurance through their partner. 

One benefit that many individuals feel is vital, is the right to make decisions regarding health care. In fact, many LGBT couples in the United States, are unable to make those decisions as they relate to their partner. In fact, when a partner in hospitalized, the other partner is often unable to get information regarding their partners condition because they are not considered family.  

In addition to these rights, couples are entitled to pensions and the right to own property jointly. Like marriage, individuals can not enter into more than one reciprocal beneficiary registration. While gay marriage in Hawaii is still illegal, couples can benefit from the rights that the state affords individuals in a reciprocal beneficiary registration.

In Hawaii, gay marriage is not technically legal. However, Hawaii affords couples the opportunity to enter into a written agreement that will offer them the opportunity to enjoy rights that are only usually afforded to married couples. Gay marriage in Hawaii is simply not legally recognized because of the definition of marriage. 

However, same sex couples are free to enjoy the many benefits and responsibilities of marriage without having the designation of marriage. There are few states that offer same sex couples the opportunity to enjoy those rights. In Hawaii, gay marriage is likely to be legally recognized sooner than in many other states. In fact, in Hawaii, gay marriage is allowed contractually through reciprocal beneficiary registration.


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Gay Marriage Laws in Idaho http://marriage.laws.com/gay/state-laws/idaho http://marriage.laws.com/gay/state-laws/idaho#comments Fri, 03 Apr 2015 14:01:58 +0000

In Idaho, gay rights are severely lacking. In fact, those for gay marriage have encounter a large opposition form the population. Like many states, Idaho has a Defense of Marriage Act. The Act defines marriage as a union between opposite sex partners. In addition, the state banned same sex marriage in 2006. In fact, the Amendment passed with over 70 percent of votes. In Idaho, gay marriage was banned, thereby forbidding many rights for same sex couples.  The Amendment banned same sex marriage as well as any legal recognition for any types of relationships between same sex individuals.

The Defense of marriage Act has been approved by many states. By defining marriage as a union between a man and a woman, states effectively forbid gay marriage. However, many states have also begun to pass laws that strictly forbid gay marriage in addition to the Defense of Marriage Act. Those that are for gay marriage, believe that these Acts are unconstitutional and prevent individuals from having equal rights. By preventing access to equal rights, states are discriminating against individuals based on their sexual orientation or gender identity.

In Idaho, gay couples have no rights regarding their relationship. For example, one partner may not make any decisions regarding the health care of the other partner. In fact, they may not even have hospital visitation rights because they are not related. In addition, same sex couples have no rights regarding property or inheritance. Those that are for gay marriage, believe that laws that forbid gay marriage, are unconstitutional because they prevent couples from attaining rights that afforded to other couples.

In Idaho, gay marriage was banned by an overwhelming percentage of the population. Those for gay marriage, encountered a large opposition. In fact, individuals for gay marriage are not likely to see any change in the immediate future. In Idaho, gay rights have been taken away because of the LGBT communities  inability to have their relationship legally recognized in any form.


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