It is not up to one State to tell another State what is Constitutional. For example, Texas could not make up a law saying that you had the right to carry a gun in any place you wanted and create a document that stated you had the right to carry that gun wherever you wanted. Then expect if you moved to Mass., that Mass. would then have to honour that document. Even if Texas was proclaiming at the top of their lungs that the Constitution gave them the right to bare arms. Unless the Federal Government steps in, while in Mass. you have to obey the laws of Mass. and while in Texas you have to obey the laws of Texas.
You can get rid of your out-of-state gun in Texas, but not your out-of-state spouse. That's sad. It reminds me of back when a woman couldn't divorce an abusive husband because adultery was the only legal reason to divorce. The government should have no say in whom you marry, or why you divorce.
I think this situation helps illustrate how ludicrous it is to have marriage be a state issue and not a federal one. It simply doesn't make any sense. These guys are legally married, to expect them both to move and set up residence elsewhere on top of getting a divorce. Anyone here been divorced? I haven't but I know from friends (and my parents) that it's a stressful, unpleasant experience. Want to add moving to another state you already chose to leave to the mix? How about if you have kids? They have to move too?
This idea that the states should have control over this just stymies me.
We have this loophole in Canada too, but it tends to be a larger problem because gay marriage is legal across Canada. So we're talking about gay couples who have moved to other countries - to the US, overseas or whatever. Then they split and want to divorce but the country they live in doesn't recognize same sex marriage, so they have to come back to Canada or go to a different country that does recognize their marriage to divorce. But the terms of their divorce settlement - child support, alimony, custody etc. are only recognized in countries that legalized gay marriage. It is very restrictive in terms of a gay couple living in any country they want. I would imagine that many gay couples just avoid those countries altogether when it comes to deciding where to move for jobs, etc.