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Do in-law relationships hold true in same-sex marriages?

Jonathan Bailey

Well-Known Member
These are the dreaded mother-in-law, father-in-law, sister-in-law and brother-in-law, perhaps a monster-in-law to boot.

Same-sex marriage is now legal in all 50 of the United States of America. Do the jurisdictions in the USA also have to recognize in-law relationships the same way as they are recognized in opposite-sex marriage?

Your brother may have married another man but you might not want to be considered a brother- (or-sister)- in-law regarding that relationship because your religion is opposed to same-sex marriage.

Also, how is the last name issue resolved in same-sex marriages customarily? Does each spouse keep his or her birth surname usually?
 
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LuisDantas

Aura of atheification
Premium Member
In-law relationships are loose enough in general. I see no reason why same-sex would change things in any significant way.
 

columbus

yawn <ignore> yawn
Mother-in-laws are a universal problem
I like my "not legal" mother in law. Oftentimes more than her son.
Tom
ETA ~My partner was my parents favorite son in law. He doesn't have as much money or education as their assorted other son in laws. But when they needed help with something, he was the one that they could count on to show up and help them. To them, conservative Catholics, that's what family is about.~
 

Shad

Veteran Member
I like my "not legal" mother in law. Oftentimes more than her son.
Tom
ETA ~My partner was my parents favorite son in law. He doesn't have as much money or education as their assorted other son in laws. But when they needed help with something, he was the one that they could count on to show up and help them. To them, conservative Catholics, that's what family is about.~

It was a joke
 

columbus

yawn <ignore> yawn
It was a joke
I kinda figured.
But still.

I wanted to point out that plenty of conservative Christians don't buy the homophobia that other Christians are selling, every day and have been for centuries.
Tom
 

Jonathan Bailey

Well-Known Member
In-law relationships are loose enough in general. I see no reason why same-sex would change things in any significant way.
In-law might come into legal play in cases of death in the family, wills, trusts and probates.
I might love my brother-in-law to death and will him my Weber barbecue. I might have to state in the will his relationship to me.
 

Subduction Zone

Veteran Member
In-law might come into legal play in cases of death in the family, wills, trusts and probates.
I might love my brother-in-law to death and will him my Weber barbecue. I might have to state in the will his relationship to me.
Why would it be necessary to state a relationship? In a will a name is good enough. You could will everything to your cat. It has been done. A person's money is pretty much his to do with as he pleases. An in-law is not a legal relationship. It has no duties associated with it.
 

Jonathan Bailey

Well-Known Member
Why would it be necessary to state a relationship? In a will a name is good enough. You could will everything to your cat. It has been done. A person's money is pretty much his to do with as he pleases. An in-law is not a legal relationship. It has no duties associated with it.
In-law might have a bearing in criminal law. I might suspect my brother-in-law for burglarizing my home. I might have to state this relationship on the police report. It may have a bearing in a trial in a civil or criminal trial in a court of law. A witness, for example, might be an in-law of a party to the case. The in-law relationship might have special implications in the minds of jurors. Mothers-in-law are often hated. There might be good motive to murder the old bat.
 

LuisDantas

Aura of atheification
Premium Member
In-law might come into legal play in cases of death in the family, wills, trusts and probates.
I might love my brother-in-law to death and will him my Weber barbecue. I might have to state in the will his relationship to me.
And how is that any different with same-sex relationships now better accepted?
 

Jonathan Bailey

Well-Known Member
Why would it be necessary to state a relationship? In a will a name is good enough. You could will everything to your cat. It has been done. A person's money is pretty much his to do with as he pleases. An in-law is not a legal relationship. It has no duties associated with it.
So, the law has never formally recognized any in-law relationship? Why does the term LAW even appear in the term "in-law"?
 

Subduction Zone

Veteran Member
So, the law has never formally recognized any in-law relationship? Why does the term LAW even appear in the term "in-law"?
It is a colloquial use of the word and not a legal one. See if you can find giving in-laws specific rights of duties. I am fairly sure that you will fail.
 

Jonathan Bailey

Well-Known Member
It is a colloquial use of the word and not a legal one. See if you can find giving in-laws specific rights of duties. I am fairly sure that you will fail.
Where's 'in-law' in mother-in-law from?

A phrase appended to names of relationship, as father, mother, brother, sister, son, etc., to indicate that the relationship is not by nature, but in the eye of the Canon Law, with reference to the degrees of affinity within which marriage is prohibited. These forms can be traced back to the 14th century. Formerly -in-law was also used to designate those relationships which are now expressed by step-, e.g. son-in-law = step-son, father-in-law = step-father; this, though still locally or vulgarly current, is now generally considered a misuse.

It may have had some legal bearing in medieval times.
I'm not even sure if "in-law" is mentioned in the bible.
 

LiveBetterLife

Active Member
In-law might have a bearing in criminal law. I might suspect my brother-in-law for burglarizing my home. I might have to state this relationship on the police report. It may have a bearing in a trial in a civil or criminal trial in a court of law. A witness, for example, might be an in-law of a party to the case. The in-law relationship might have special implications in the minds of jurors. Mothers-in-law are often hated. There might be good motive to murder the old bat.

You're a bit of a nut aren't ya? Hehe.
 

Subduction Zone

Veteran Member
Where's 'in-law' in mother-in-law from?

A phrase appended to names of relationship, as father, mother, brother, sister, son, etc., to indicate that the relationship is not by nature, but in the eye of the Canon Law, with reference to the degrees of affinity within which marriage is prohibited. These forms can be traced back to the 14th century. Formerly -in-law was also used to designate those relationships which are now expressed by step-, e.g. son-in-law = step-son, father-in-law = step-father; this, though still locally or vulgarly current, is now generally considered a misuse.

It may have had some legal bearing in medieval times.
I'm not even sure if "in-law" is mentioned in the bible.
So you can see that I was correct and this thread is done.
 

Jonathan Bailey

Well-Known Member
You're a bit of a nut aren't ya? Hehe.
No, I'm trying to be logical.

Can you cite a better hypothetical legal instance where an in-law relationship might be relevant?

CROSS-EXAMINING PROSECUTING ATTORNEY: "What is your relationship to Mrs. Davis?"
WITNESS ON STAND: "Your honor, she is my sister-in-law."
CROSS-EXAMINING PROSECUTING ATTORNEY: "Your witness."
 

Subduction Zone

Veteran Member
No, I'm trying to be logical.

Can you cite a better hypothetical legal instance where an in-law relationship might be relevant?

CROSS-EXAMINING PROSECUTING ATTORNEY: "What is your relationship to Mrs. Davis?"
WITNESS ON STAND: "Your honor, she is my sister-in-law."
CROSS-EXAMINING PROSECUTING ATTORNEY: "Your witness."

your silly hypothetical court case does not support your belief of some special relationship. There is no difference in that sport of claim as with a response of " she is my next door neighbor ".
 

Jonathan Bailey

Well-Known Member
your silly hypothetical court case does not support your belief of some special relationship. There is no difference in that sport of claim as with a response of " she is my next door neighbor ".


Somebody's brother might be married to another man.

John Smith is on the witness stand. His brother, Todd Smith, might have married George Davis.

CROSS-EXAMINING PROSECUTING ATTORNEY: "Mr. Smith, what is your relationship to Mr.
George Davis-Smith?"
WITNESS ON STAND: "Your honor, he is my brother-in-law."
CROSS-EXAMINING PROSECUTING ATTORNEY: "But Mr. Smith, didn't you already tell the court that you had only one sibling, a brother?"

Then laughter erupts in the courtroom.


So you see, an in-law relationship by same-sex marriage might cause some embarrassment.
 
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