The evasion of marriage statutes, as I understand them, only apply if you are intentionally evading your state's laws. Say Louisana lets you marry at age 14, Texas at 16. If two 14 year old Texas residents cross into La, get married, and return home, Texas can, as I understand it, declare the marriage a sham merely designed to evade Texas law. But if they had lived in LA and married at 14 and THEN moved to Texas, Texas would have to recognize the marriage. So it's a very narrow exception, designed purely to prevent residents of a state from avoiding state law. Same principle as prohibiting Washington residents from registering their cars in Oregon, which has no sales tax on its tabs.
If you choose to be a resident of a state, you have to accept its laws and not intentionally try to evade them. But if a couple from NY goes to VT to get a legal marriage (9f Vt moves that way) and then moves to NJ, NJ is out of luck and has to accept the marriage without reliance on any marriage evasion laws.
I understand what you're trying to do, Karen, but instead of perpetually looking for loopholes and exceptions, I think you need to accept the substantial damage to society that same sex marriage would cause and acept that society has a right to protect itself and its children. |