What if a Man, ‘Married’ to a Man, Wants to Marry a Woman?


This hypothetical question was posed to the Attorney General of North Dakota who responded by filing an opinion stating that in North Dakota a person in a same-sex ‘marriage’ from another state can come to North Dakota and legally marry a person of the opposite sex WITHOUT divorcing the same gender partner first.

SilhouettesAttorney General Wayne Stenehjem, in a letter opinion, wrote:

"For the reasons discussed below, it is my opinion because explicitly prohibited by state constitution and statutes, an individual’s previously valid same-sex marriage in another state is not legally recognized in North Dakota and he or she may be issued a valid marriage license here. Further, it is my opinion that since the North Dakota Constitution prohibits the recognition of such a union, the individual would not be committing a criminal violation in this state by indicating he or she was “Single/Never Married” on a signed marriage application."

Read the full opinion here.

As if same-sex ‘marriage’ and polygamy weren’t enough, try navigating the legal morass that will follow when the question moves from the hypothetical to reality.

Copyright 2013