Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation

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Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation

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dc.contributor.author Singer, Joseph William
dc.date.accessioned 2009-07-02T18:10:02Z
dc.date.issued 2005
dc.identifier.citation Joseph William Singer, Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation, 1 Stan. J. C.R. & C.L. 1 (2005). en
dc.identifier.issn 1553-7226 en
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:3138408
dc.description.abstract Now that same sex marriages have been occurring in Massachusetts for almost a year, the issue of interstate recognition is no longer merely a theoretical issue. Most scholars have either argued that the full faith and credit clause does not mandate recognition of same sex marriages or that it does so for limited purposes or for marriages of Massachusetts residents but not nonresidents seeking to evade their restrictive home state marriage laws. This article argues that the full faith and credit clause should be interpreted to require interstate recognition of same sex marriages validly celebrated in Massachusetts and that Congress does not have the power to deny such recognition under the "effects thereof" language of the full faith and credit clause. Rather than focusing on the rights of same sex couples to have their valid Massachusetts marriages recognized elsewhere, we should focus on the obligations inherent in the marriage relationship. Both Congress and the majority of states have passed so-called Defense of Marriage Acts (DOMAs). If these laws are constitutional, they effectively authorize partners in same sex marriages to relocate to other states and evade their obligations as spouses and parents under Massachusetts law. Those states have made themselves havens for fleeing debtors. Using traditional and modern choice-of-law analysis, as well as analogies to the law of divorce and corporate governance, this article argues that the full faith and credit clause should be interpreted to require recognition of marriages that are valid where celebrated to avoid inconsistent obligations, to allow free interstate travel and commerce, and to prevent the states from authorizing married partners to walk away from their concededly valid and persisting obligations under Massachusetts law. en
dc.language.iso en_US en
dc.relation.hasversion http://papers.ssrn.com/sol3/papers.cfm?abstract_id=697862 en
dc.relation.hasversion http://www.heinonline.org/HOL/Page?collection=journals&handle=hein.journals/stjcrcl1&id=7 en
dash.license LAA
dc.subject feminism en
dc.subject civil rights en
dc.subject discrimination en
dc.subject sexual orientation en
dc.subject property en
dc.title Same Sex Marriage, Full Faith and Credit, and the Evasion of Obligation en
dc.relation.journal Stanford Journal of Civil Rights & Civil Liberties en

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