The issue of same-sex marriage is one that has been at the forefront of American consciousness for the last few years. Indeed, right here in North Carolina, citizens will vote in May whether to enshrine the process into state law. But already some North Carolina same-sex couples have made their marriage commitment official in other jurisdictions.

Same-sex marriage is already permitted in a few states. Another place where it is legal is Canada. In 2004, a couple from Durham, North Carolina, flew to British Columbia to get married and celebrate their honeymoon. The couple considers themselves to be legally married when they are in a jurisdiction that permits same-sex marriage--a list of places which, as of right now, does not include North Carolina.

However, the validity of their union is now in question. A case in the province of Ontario now pending in Canadian courts is threatening to change the women's status as a married couple. The case involves two women from outside Canada seeking a divorce in Canada. Canadian lawyers are arguing that because the women could not be legally wed in their home jurisdictions, their marriage in Canada was not legal either.

For their part, the couple from North Carolina have a backup plan. If their Canadian marriage is declared invalid, they will travel to New York to restate their vows. New York is one American jurisdiction where same-sex marriage is permitted.

Regardless of the outcome of the case, and the fate of the women from North Carolina, same-sex couples may wish to contact an attorney regarding domestic partnership issues, including setting up a domestic partnership agreement or becoming parents through adoption, surrogacy or donor insemination.

Source: Winnipeg Free Press, "Same-sex Carolina couple hopes for validity of 'Canada Day' nuptials," Michelle McQuigge, Jan. 12, 2012