Same Sex, Different States: When Same-Sex Marriages Cross State Lines
Andrew Koppelman
Abstract
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. This book 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 ... More
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. This book 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), the author 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.
Keywords:
gay marriage,
state borders,
state laws,
gay couples,
moral views,
family relationships,
same-sex marriage,
Constitution,
marriage
Bibliographic Information
Print publication date: 2006 |
Print ISBN-13: 9780300113402 |
Published to Yale Scholarship Online: October 2013 |
DOI:10.12987/yale/9780300113402.001.0001 |