Friday, January 15, 2010

What would happen if married gay couples demanded to be arrested for being ';illegally married';?

Basically what would happen if few married couples in California walked into police stations and demanded to be arrested for being ';illegally married'; and what would happen if unmarried gay couples demanded to be arrested for ';conspiring'; to become ';illegally married';?What would happen if married gay couples demanded to be arrested for being ';illegally married';?
It wouldn't work, because marriage itself isn't illegal. Simply because a gay marriage isn't recognized by the state doesn't mean it's ';illegal';. There are churches and congregations that marry gay couples all the time, even though the marriage is only recognized by God and their peers, and not the government. It's not illegal, it's just not legally recognized.What would happen if married gay couples demanded to be arrested for being ';illegally married';?
It is impossible to be ';illegally married.'; Many same-sex couples travel to other states and nations in order to obtain a marriage license. However, if the state and federal government in which they live doesn't recognize same-sex marriages then those governments will not grant marriage rights to the couple. They are still legally married in the state or country in which they obtained the marriage license but these rights will not transfer to a new location. The couple cannot secretly benefit from marriage rights if the marriage isn't recognized.
They would laugh at you. Many years ago, when having oral or anal sex was illegal, a felony, at that, three couples, male-female, male-male, and female-female marched into a police station and demanded to be arrested for violating this law. The police refused, because they realized it would become a constitutional challenge and take up all their time.


Practicing marriage without a valid license is not against the law.
They can't do anything if they're already married, so they wouldn't arrest them and couldn't do anything. It's in the constitution that you can't take action against anyone if they broke a law before it was a law. But if they weren't married then they would probably arrest whomever was marrying them for practicing illegally. I don't know if anything would happen to the gay couple...

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