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Wisconsin Gay Couples Could Face Jail for Marrying in California

Same-sex couples from Wisconsin who go to California to marry could face criminal charges when they return home.


Same-sex couples from Wisconsin who go to California to marry could face criminal charges when they return home.

A Wisconsin law makes it a criminal offense to enter into a marriage outside the state if that marriage were illegal in Wisconsin.

The law was passed decades ago to prevent underage couples from crossing state lines to marry, but it could be used against same-sex couples, TheCapital Times of Madison reported Wednesday.

The penalty is a fine of up to $10,000, nine months in prison, or both.

Wisconsin law limits marriage to opposite-sex couples.

Same-sex marriage became legal in California following a state supreme court ruling that went into effect June 17.

While Massachusetts, the only other state to offer marriage to gay couples, will marry out-of-state couples only if their unions would be legal at home, the California ruling allows for marriage licenses to be issued to all same-sex couples. (The Advocate)

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Reader Comments
  • Name: Heather
    Date posted: 7/10/2008 12:52:00 PM
    Hometown: PA

    Comment:

    in response to THE THRESHOLD's comment: why should people have to move to get married? be they gay or striaght? the amount of time, money and stress to move your entire life is absolutely rediculous just to be married... think: job, house, kids... the whole works. all the old asses in wisconsin need to get a grip and do things for the best of the people they govern, not deal with such important issues with a chip on their shoulder.

  • Name: Chris
    Date posted: 7/8/2008 12:40:00 PM
    Hometown: St. Petersburg, FL

    Comment:

    I'm from Wisconsin, born and raised, and I'm currently in Florida. I'm so glad I got of there when I did. Wisconsin, while it's beautiful and produces great beer and cheese, it's run by old-school folks who are behind the times. My fiance and I are going to be married in California in 2 weeks, and while I understand that the marriage will legally be void when we return to Florida, we have the support from the community here. We don't have to be worried about being thrown in jail or fined just because we want to express our love for one another. Get your head out of your ass, Wisconsin, and join the rest of the 21st century.

  • Name: The Threshold
    Date posted: 7/6/2008 2:17:00 PM
    Hometown: USA

    Comment:

    I see it this way if GLB people are serious about wanting to get married then they should stay in the state that allows it. It doesn't make much sense for people to get married in Boston or California and then return home where their marriage will be non-valid.

  • Name: Mary
    Date posted: 7/4/2008 1:52:00 AM
    Hometown: Hartsdale, NY

    Comment:

    Hear, Hear!!! I agree :) Actually one of the best cheddars around is Black Diamond cheddar, made in Cananda, it is absolutely delicious.

  • Name: gary
    Date posted: 7/3/2008 9:35:00 PM
    Hometown: Tampa

    Comment:

    I say lets boycott all products made in Wisconsion.....it's work in the past. I like Vermont cheese better anyway !

  • Name: Salchak Toka
    Date posted: 7/3/2008 5:55:00 PM
    Hometown: denver

    Comment:

    Marcus: Stop talking rationally. Don't think as though we lived in a nation of laws, not of men. Then it will all make sense to you.

  • Name: Salchak Toka
    Date posted: 7/3/2008 5:53:00 PM
    Hometown: denver

    Comment:

    I'm with you, Xaver, except for one thing . . . there are no blue states in the United States. They're all varying shades of deep red. Except maybe for tiny Vermont, which few of us will ever see.

  • Name: Joseph
    Date posted: 7/3/2008 4:37:00 PM
    Hometown: Montgomery, AL

    Comment:

    Incidentally, with reference to the story in question, until a same-sex couple is actually CHARGED AND JAILED in Wisconsin, I don't see much sense in worrying about this. Yes, it is a serious matter, but the same thing would actually apply to same-sex couples who've married in Canada (but I don't recall reading any hysterics regarding that). Further, did the original article happen to mention how many "underage couples" are prosecuted every year under this law? Or have Wisconsin's authorities opted to let the law fall by the wayside (much like any of those other hundreds of laws that are still on the books but mostly ignored--like "Livestock have the right of way on public roads" or "The government may not prohibit manual flushed urinals" or "Margarine may not be substituted for butter in restaurants unless requested by the customer", all of which are actual Wisconsin laws) ?

  • Name: Marcus
    Date posted: 7/3/2008 2:53:00 PM
    Hometown: El Paso

    Comment:

    Just curious... How does Wisconsin have jurisdiction over what people do in California? Seriously, does anyone know if there's legal precedent for one state prosecuting someone for something that they did in another state, and that wasn't a crime there?

  • Name: SD
    Date posted: 7/3/2008 2:25:00 PM
    Hometown: Charmichael

    Comment:

    Okay, the entry by "Wallace" is a joke, right? When I first read it, it made me a bit nauseous, but then I figured it was a joke. Ha ha... funny. And yes, I think this will be worked out in the legislation... eventually. Hopefully it will not be used in the meanwhile to harass those from the LGBT community.



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