Mason v. Mason
2002 Ind. App. LEXIS 1605, 775 N.E.2d 706, 2002 WL 31160143 (2002)
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Rule of Law:
Under the principle of comity, a marriage validly celebrated in another state will be recognized as valid, unless the marriage violates a strong, clearly articulated public policy of the forum state.
Facts:
- John C. Mason and Bonnie F. Mason are first cousins.
- In the 1980s, John traveled from Indiana to Tennessee to stay with Bonnie.
- In 1986, John and Bonnie, both under the age of sixty-five, were married in Tennessee, where marriage between first cousins is legal.
- Both John and Bonnie were aware that Indiana law prohibited marriage between first cousins who were under sixty-five years of age.
- Three months after their marriage, they returned to live in Indiana.
- Since 1991, John has been incarcerated in Indiana for a murder conviction.
- After his incarceration, John instructed Bonnie to transfer assets into her name, including four life insurance policies, which she did.
- Bonnie received no significant funds from John during his incarceration and contributed her own funds to support his children from a previous marriage.
Procedural Posture:
- On January 10, 2000, John C. Mason filed a complaint for annulment against Bonnie F. Mason in an Indiana trial court.
- On March 23, 2000, Bonnie F. Mason filed an answer and a counterclaim for dissolution of the marriage.
- On January 11, 2002, a bench trial was held, which John Mason, who was incarcerated, did not attend.
- The trial court granted Bonnie Mason's oral motion to dismiss John Mason's complaint for failure to prosecute.
- The trial court found the marriage valid, granted Bonnie's request for dissolution, awarded her all marital property, and ordered John to pay her attorney's fees.
- John Mason (appellant) appealed the trial court's judgment to the Indiana Court of Appeals, with Bonnie Mason as the appellee.
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Issue:
Does Indiana law, under the principle of comity, recognize a marriage between first cousins that was validly celebrated in another state, even though such a marriage would be void if performed between residents in Indiana?
Opinions:
Majority - Baker, Judge.
Yes, Indiana law recognizes the marriage as valid. A marriage that is validly contracted in the place where it is celebrated is recognized as legitimate in Indiana as a matter of comity. While Indiana courts are not required to recognize a marriage from a sister state if it violates Indiana public policy, there is no statute establishing that a marriage between first cousins legally performed elsewhere violates Indiana's public policy. The court contrasted this with a specific Indiana statute that voids same-sex marriages even if they are lawful where solemnized, demonstrating that the legislature knows how to express such a strong public policy when it intends to. Because the marriage was valid in Tennessee and does not offend a strongly articulated public policy in Indiana, the trial court correctly recognized the marriage as valid and granted a dissolution rather than an annulment.
Analysis:
This case reinforces the strength of the legal principle of comity in the context of family law and marriage validity. The court's decision clarifies that for an out-of-state marriage to be voided on public policy grounds, the policy must be explicitly and strongly articulated by the legislature, such as through a statute specifically refusing to recognize such marriages. The mere fact that Indiana law prohibits the solemnization of such a marriage within its own borders is insufficient to establish a public policy strong enough to invalidate a marriage legally performed elsewhere. This sets a high bar for states wishing to deny recognition of marriages from sister states.
