Foreword
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Authors
Wardle, Lynn D.
Duncan, William C.
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In 1998, the Creighton Law Review published a special issue: "Symposium on Interjurisdictional Marriage Recognition." Although there have been intermittent controversies related to the effect in a forum state of a marriage contracted elsewhere, the majority of articles in that symposium issue addressed what was possibly the most controversial conflicts issue of that day-the application of constitutional, statutory and common law principles governing recognition of a same-sex marriage in a jurisdiction other than the one in which it was contracted. That was largely hypothetical question when that symposium issue was published. The Hawaii Supreme Court had ruled in 1993 that the state marriage law constituted sex discrimination and remanded the case for a hearing in the trial court on whether the state had a compelling justification for the discrimination. A Hawaii trial court had decided that the state had not met its burden and ordered the state to give marriage licenses to same-sex couples, but the state had appealed and the order was stayed. While the appeal was pending, the Hawaii Legislature approved a state constitutional amendment, which reserved the right to define marriage to the legislature. A similar decision had been handed down in Alaska with a similar response from the Alaska Legislature...
Description
Citation
38 Creighton L. Rev. [xi] (2004-2005)
Publisher
Creighton University School of Law