"What is particularly interesting about the Court's analysis [in Cozen O'Connor v. Tobits] is the fact that Illinois does not issue marriage licenses to same-sex couples. Arguably, then, the Court could have concluded that Illinois does not recognize 'same-sex marriage' under its laws. However, Illinois does have a civil union statute. The court opined that because Illinois recognizes civil unions, it effectively recognizes same-sex marriages performed in other jurisdictions (such as Canada). The analysis under Tobits appears to not be whether the couple lives in a state that allows same-sex couples to be married, but rather, whether the couple lives in a state that effectively recognizes same-sex marriages performed in other jurisdictions."  MORE >>