FOREIGN MARRIAGES
Act 168 of 1939
551.271 Marriages solemnized in another state validated.
Sec. 1.
(1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws.
(2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.
History: 1939, Act 168, Imd. Eff. June 6, 1939 ;-- CL 1948, 551.271 ;-- Am. 1996, Act 334, Imd. Eff. June 26, 1996
Notes of Decisions
Rohde v. Ann Arbor Pub. Schs., 737 N.W.2d 158 (Mich. 2007).
· cites it 4× “1 was enacted in 1996, MCL 551.271, which provides for recognition of marriages contracted in other states, was amended to state: This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state.”
Mabry v. Mabry, 882 N.W.2d 539 (Mich. 2016).
“See MCL 551.271; Const 1963, art 1, § 25. Michigan also prohibited second-parent adoption between unmarried couples.”
Carrie Pueblo v. Rachel Haas (Mich. 2023).
“1; MCL 551.271; Const 1963, art 1, § 25. Consequently, a same-sex partner did not have the option to adopt their spouse’s child or to marry their pregnant partner and benefit from the marital presumption of parentage.”
People v. Schmidt, 579 N.W.2d 431 (Mich. Ct. App. 1998).
“Presumably, the Legislature could refuse to recognize common-law marriages if it chose to do so, as it has done with same-sex marriages in MCL 551.271(2); MSA 25.15(2) and MCL 551.”
— Mich. Comp. Laws § 551.271(2) — 2 cases
Rohde v. Ann Arbor Pub. Schs., 737 N.W.2d 158 (Mich. 2007).
“1 was enacted in 1996, MCL 551.271, which provides for recognition of marriages contracted in other states, was amended to state: This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state.”
People v. Schmidt, 579 N.W.2d 431 (Mich. Ct. App. 1998).
“Presumably, the Legislature could refuse to recognize common-law marriages if it chose to do so, as it has done with same-sex marriages in MCL 551.271(2); MSA 25.15(2) and MCL 551.”
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