Same Sex Marriage Self-Quiz








Sam had a sex change operation and changed his name to Samantha five years ago. Samantha and Tyrone get married. This marriage is not valid.
Adam and Everett participated in a ceremonial marriage and lived together for many years as a married couple. Although the statute in their state restricts marriage to a man and woman, they wanted to establish a common law marriage based on having spent time as a married couple in Pennsylvania (during the period Pennsylvania recognized common law marriage.) What is the likely outcome of this request?
Choice 1 A common law marriage will not be recognized because no state recognizes marriage of two men.
Choice 2 A common law marriage will be recognized based on holding themselves out as married and cohabitating.
Choice 3 A common law marriage will not be recognized because they have no children.
Choice 4 If they move to Hawaii a common law marriage will be recognized because under Hawaii law same sex couples can register their domestic partnerships as “civil unions."
Two men, Jeff and Joe, wish to compel the City of Los Angeles to issue them a marriage license. They argue that denial of the license violates their constitutional rights. Jeff and Joe have a fundamental right to marry under the Constitution.
Dina and Kelly decide to go to Hawaii and get “married.” Once they get “married” they return to New Jersey and wish to have New Jersey recognize their union. What is the likely outcome under New Jersey law?
Choice 1 New Jersey will not consider the marriage valid.
Choice 2 New Jersey will consider the marriage valid.
Choice 3 New Jersey will require them to obtain a new license.
Choice 4 New Jersey will recognize the wedding if they have children.
Three couples recently moved to New York City so their spouses could attend graduate school. Each told the school that they were married in order to qualify for married housing, which is much cheaper than market rate NYC apartments. Alison and Cynthia were married in San Francisco (during the period when same-sex marriages were performed); Tyler and Phyllis moved from Texas (a common law state), where they lived together as husband and wife but never had a marriage ceremony; and Martin and Stacey, who previously lived together in Alabama (a common law state); however, never told anyone they were married. Which couple(s) have a valid marriage in New York (not a common law state)?
Choice 1 Tyler and Phyllis.
Choice 2 Alison and Cynthia.
Choice 3 Martin and Stacey.
Choice 4 All of the above.

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