Download this Paper Open PDF in Browser

Interstate Recognition of Same-Sex Marriages and Civil Unions: A Handbook for Judges

53 Pages Posted: 11 Feb 2005 Last revised: 10 May 2009

Abstract

Same-sex marriage is here. Massachusetts now recognizes such marriages, and increasing numbers of same-sex couples have married. Other states have virtually the same status: Vermont recognizes "civil unions," and California recognizes "domestic partnerships," that have virtually all the rights of marriage. Are these statuses exportable? Will same-sex unions be recognized in other states?

The answer should not be mysterious. There is a well developed body of law on the question of whether and when to recognize extraterritorial marriages that are contrary to the forum's public policy. Assuming that courts decide to follow that law, the answer is, it depends. This article will offer a short overview. The answer is somewhat complex, but there are large areas of clarity.

Keywords: civil liberties

Suggested Citation

Koppelman, Andrew, Interstate Recognition of Same-Sex Marriages and Civil Unions: A Handbook for Judges. University of Pennsylvania Law Review, Vol. 153, 2005; Northwestern Public Law Research Paper No. 05-08. Available at SSRN: https://ssrn.com/abstract=665701

Andrew M. Koppelman (Contact Author)

Northwestern University School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)

Paper statistics

Downloads
236
Rank
109,206
Abstract Views
1,841