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Same sex, different states [electronic resource] : when same-sex marriages cross state lines / Andrew Koppelman.

By: Material type: TextTextLanguage: English Publication details: New Haven : Yale University Press, c2006.Description: 1 online resource (xviii, 204 p.)ISBN:
  • 9780300135138 (electronic bk.)
  • 0300135130 (electronic bk.)
  • 128173473X
  • 9781281734730
Other title:
  • When same-sex marriages cross state lines
Subject(s): Genre/Form: Additional physical formats: Print version:: Same sex, different states.DDC classification:
  • 346.7301/68 22
LOC classification:
  • KF539 .K67 2006eb
Online resources:
Contents:
How we got here -- Marriage, choice of law, and public policy -- Miscegenation in the conflict of laws -- The stakes -- Against blanket nonrecognition -- Choice of law rules : the options -- When to (and when not to) recognize same-sex marriages -- The irrelevance of full faith and credit and the Defense of Marriage Act -- The difference the mini-DOMAS make -- Toward benign competition.
Summary: Must a state in which gay marriage is not legal recognize such a marriage performed in another state? Most of the commonly offered answers are wrong. The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or 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 (such as marriages between kin, marriages involving very young individuals, and interracial marriages), Koppelman shows which state laws should govern in specific situations that today's gay couples may encounter as they 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 debates about what states can do have become increasingly urgent. Koppelman offers a sensible approach that will appeal to the best instincts of both sides.
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ელ.რესურსი ელ.რესურსი ეროვნული სამეცნიერო ბიბლიოთეკა 1 342(73) (Browse shelf(Opens below)) Available

Includes bibliographical references (p. 155-195) and index.

How we got here -- Marriage, choice of law, and public policy -- Miscegenation in the conflict of laws -- The stakes -- Against blanket nonrecognition -- Choice of law rules : the options -- When to (and when not to) recognize same-sex marriages -- The irrelevance of full faith and credit and the Defense of Marriage Act -- The difference the mini-DOMAS make -- Toward benign competition.

Must a state in which gay marriage is not legal recognize such a marriage performed in another state? Most of the commonly offered answers are wrong. The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or 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 (such as marriages between kin, marriages involving very young individuals, and interracial marriages), Koppelman shows which state laws should govern in specific situations that today's gay couples may encounter as they 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 debates about what states can do have become increasingly urgent. Koppelman offers a sensible approach that will appeal to the best instincts of both sides.

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