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

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Authors
Bix, Brian H.
Issue Date
2005
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Journal Article
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FIRST PARAGRAPH(S)|The Conference topic is the implication for interstate recognition of marriage of recent court decisions that have led to legally recognized same-sex marriages. This article will approach the topic tangentially, considering more generally some of the issues relating to state regulation of marriage and family life. The article's initial focus will be on federalism, and how it interacts with domestic relations policy, bracketing for the moment both current family law doctrinal rules and constitutional constraints. Those latter concerns will then be brought in, showing how certain additional complications result. The article will then consider the ways in which recognizing party choice of law might respond to some-but by no means all-of the problems in this area...
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38 Creighton L. Rev. 337 (2004-2005)
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Creighton University School of Law
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