Just last month, I blogged about Illinois and Hawaii becoming the 15^th and 16^th states, respectively, to recognize same-sex marriage. Now, New Mexico joins the list of those states allowing same-sex marriage (in order of recognition), as the 17^th state:

• Massachusetts

• California

• Connecticut

• Iowa

• Vermont

• New Hampshire

• New York

• Washington (state)

• Maine

• Maryland

• Rhode Island

• Delaware

• Minnesota

• New Jersey

• Hawaii

• Illinois

• New Mexico

In addition to the states listed above, the District of Columbia allows same-sex marriage. Thus, today same-sex marriage is allowed where over 40% of Americans live.

The North Dakota Attorney General just added an interesting wrinkle to same-sex marriage developments. The ND AG’s office issued Letter Opinion 2103-L-06, stating that a man who was married to another man (in a state which allowed same-sex marriage) could legally marry a woman in North Dakota and could check the “single/never married” box on the application. The office further opined that North Dakota would not allow him to divorce his husband, because it did not recognize the marriage. The office opined that he would not be in violation of bigamy laws in North Dakota, because North Dakota would not recognize the marriage to a man, though valid in the other state. The Attorney General declined to opine whether the man would be in violation of the laws of another state if he moved to a state which recognized both marriages.

I wish everyone Happy Holidays! Next week, I’ll blog about how the estate planning landscape has changed since last year.

Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (800) 846-1555
www.aaepa.com