Man in Same-Sex Marriage May Wed Woman Too, Says North Dakota

A man already married to another man in a state that permits same-sex marriage could wed a woman in North Dakota without breaking state laws, the state’s top attorney has found.

The finding raises potentially complex issues about Social Security and death benefits, tax exemptions and even possible prosecutions for bigamy or polygamy, said a constitutional law expert.

Those issues are likely to arise more often with 16 states plus the District of Columbia now recognizing same-sex marriage while a majority of states still ban it, said Jeffrey Shaman, a professor at DePaul University’s College of Law.

The issue came up when a man giving only his first name called Burleigh County Recorder Debbie Kroshus in September to ask if he could marry a woman in North Dakota if he were already married to a man in another state, she said.

“I didn’t ask where this caller was calling from or where he planned on getting a marriage license,” Kroshus said in a telephone interview, adding that it was not possible to determine if the man had applied for a marriage license.

Read more from this story HERE.