Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Same Sex, Different States: When Same-Sex Marriages Cross State Lines

by Andrew Koppelman
ISBN-10:
0300113404
ISBN-13:
9780300113402
Pub. Date:
11/15/2006
Publisher:
Yale University Press

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Overview

Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or from making themselves havens for people who are trying to escape obligations to their spouses and children. In this book, Andrew Koppelman offers workable legal solutions to the problems that arise when gay couples cross state borders. Drawing on historical precedents in which states held radically different moral views about marriage (for example, between kin, very young individuals, and interracial couples), Koppelman shows which state laws should govern in specific situations as gay couples travel or move from place to place.
Americans are profoundly divided over same-sex marriage, and now that gay civil unions and marriages are legal in some states, the issue has become increasingly urgent. Koppelman offers a sensible approach that will appeal to the best instincts of both sides.

Product Details

ISBN-13: 9780300113402
Publisher: Yale University Press
Publication date: 11/15/2006
Edition description: New Edition
Pages: 224
Product dimensions: 5.50(w) x 8.25(h) x 0.68(d)

Table of Contents

Contents

Acknowledgments....................ix
Introduction....................xi
ONE How We Got Here....................1
TWO Marriage, Choice of Law, and Public Policy....................12
THREE Miscegenation in the Conflict of Laws....................28
FOUR The Stakes....................51
FIVE Against Blanket Nonrecognition....................69
SIX Choice of Law Rules: The Options....................82
SEVEN When to (and When Not to) Recognize Same-Sex Marriages....................97
EIGHT The Irrelevance of Full Faith and Credit and the Defense of Marriage Act....................114
NINE The Difference the Mini-DOMAs Make....................137
TEN Toward Benign Competition....................149
Notes....................155
Index....................197

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