Legal Question in Family Law in Alaska
My girlfriend and I want to get married. We live in Alaska, a DOMA state. If we got to a state that has legal same-sex marriage, such as New York, and get married, what would happen? Would our marriage be recognized only in the states that have not adopted DOMA? Would our marriage be recognized in Alaska when Doma is eventually repealled? What would our responsibilities be in the meantime?
1 Answer from Attorneys
First of all, DOMA is Federal legislation, not state. Some states have adopted legislation, pursuant to DOMA, which defines marriage as being between one man and one woman.
As long as DOMA is in effect, obviously states such as Alaska will not recognize such a New York "marriage", assuming they do not, on their own, change their state law.
Should DOMA be repealed, or conclusively ruled unconstitutional by an appeals court such as the U.S. Supreme Court, the states might be required to recognize your "marriage". It remains to be seen, and would depend upon the wording of the repealing legislation or court ruling, how this would work.
In the mean time, should you wish to have some of the benefits of marriage, you should consider doing such things as making wills by which each of you would leave property to the other. Because, in the absence of a valid marriage, neither would inherit from the other unless named in a will.