Ron Johnson <[EMAIL PROTECTED]> writes:

>> Still, regardless of whether the state of Utah recognizes a marriage,
>> that is surely a different question from whether the marriage has, in
>> fact, occurred.
>
> Making that distinction is, IMO, cracking open a very large barrel
> of very nasty monkeys.

Not really.  Suppose we have two seventeen-year-olds, whose parents
are opposed to their marriage.  In Utah, you can only get married
without parental consent if you are eighteen.  But these happy folks
of seventeen are in Mississippi, where their marriage is legal even
without parental consent.  

Then, they move to Utah, and enroll in BYU.  Would BYU say "ah, in
Utah, you cannot be married until you are eighteen, so, sorry, no, you
are expelled"?!  Of course not.  BYU would say, "While you cannot
marry in Utah at your age, you can in Mississippi, and you did, and
God bless, you are married."

So the rule BYU would invoke would not be "we only recognize marriages
that would be legal under the laws of Utah".  The rule would be "we
recognize different-sex marriages no matter where performed, provided
they are legal under the local laws where performed, and same sex
marriages, never, no matter what."

Thomas


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