State Interests in Marriage, Interstate Recognition, and Choice of Law

Creighton Law Review, 2005

14 Pages Posted: 17 Jan 2005

See all articles by Brian Bix

Brian Bix

University of Minnesota Law School

Abstract

One of the great complications of the current marriage debates is the way that federalism and conflict of law issues interact - both at the level of principle and constitutional doctrine - in the area of marriage and divorce. This article begins by looking at federalism in the context of domestic relations at a general level. It then considers how current family law rules and constitutional constraints complicate the analysis. Finally, it considers the way in which recognizing party choice of law might respond to some, but by no means all, of the problems in the area.

Keywords: Family Law, conflict of laws, constitutional law, marriage, federalism

Suggested Citation

Bix, Brian, State Interests in Marriage, Interstate Recognition, and Choice of Law. Creighton Law Review, 2005, Available at SSRN: https://ssrn.com/abstract=649781

Brian Bix (Contact Author)

University of Minnesota Law School ( email )

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