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Can All Gays Marry in Massachusetts?
Gay Marriage in Massachusetts

By , About.com Guide


Massachusetts was the first state in the U.S. to legalize same-sex marriage in 2004. Since then, marriage laws have varied state-by-state. Some states prohibit gay marriage; others allow it; and yet a few have settled for domestic partnerships or civil union laws as compromise. (Read: Where is Gay Marriage Legal?)

However, recently the issue of who can and can't get married in Massachusetts has become even more complicated. Since Massachusetts allows same-sex marriage, can a person from another state get married there and have it recognized by their home state? What about bi-national couples immigrating the the U.S.?

Here are some key points about Massachusetts gay marriages that can help clarify the issue:
  • With the repeal of Bill 1913, which prohibited out of state residents from marrying in Massachusetts, both same-sex couples that reside in Massachusetts and out-of-state couples can legally marry in the State of Massachusetts.

  • Marriage licenses issued in Massachusetts are only recognized in the State of Massachusetts unless the state in which the couple resides also recognizes has legal gay marriage (such as California) or the state recognizes the out-of-state gay marriages of their residents. An example would be New York.

  • Since same-sex marriage is prohibited on the federal level (Read: About DOMA), the marriage of couples in Massachusetts or any other state will only be recognized on the state level and will not be eligible for federal level marriage benefits, such as joint tax filing.
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