Here’s a question that I have about the upcoming same-sex marriage argument. Suppose you are a same-sex couple that lives in one of the circuits that held that there is a constitutional right to same sex marriage and where the cert. petition was denied last Fall. In other words, the judgment is final. Your home state did not legalize same-sex marriage, but (relying on the circuit case), you got married. In June, the Supreme Court holds that there is no right to same-sex marriage (unlikely, but humor me).
Would that decision means that you are legally divorced? And if that is true, could one of the parties avail themselves of the state’s divorce law in, say, two years if the relationship breaks down? How would that work?