I have asked this question a couple of times in previous diaries, but it was posted late and didn't get a response. I am hoping that the questions just were never read, rather than they are uninteresting.
The Justice Department Brief uses examples of incest and pedophilia to justify DOMA, however, it ignores the heart of these examples: In some states marriages are granted that would be ILLEGAL in other states due to both incest laws, or pedophilia laws. However, once married, you can travel across state lines and your marriage is still valid. Why isn't this true with Gay Marriage?
Details below the fold.
In Utah the age of consent to marriage is 14 (with parental consent). If I marry a 14 y.o. there and move to Oregon the parent consent age is only 16. Is my marriage valid? If we have sex is it is now Statutory Rape...even if I am married? Are we married but cannot have sex until she reached age of consent in Oregon?
Different states define incest differently. In Alabama I can marry my first cousin, in Texas I cannot. If I marry my first cousin in Alabama and move to Texas, is my marriage void?
These are two very clear cases where it doesn't matter what the state law is, if you are already married in another state, that marriage holds no matter where you travel. The definitions of "incest" and "pedophilia" vary from state to state, but once married always married...unless you are gay.
Should we examine the shifting definitions of "incest" and "pedophilia" as you travel from state to state as they apply to marriage and recognition of marriage? Can it be used to challenge the Justice Department's brief?