Same-Sex Unions
 in the
Conflict of Laws		    

If there is one thing that the people are entitled to expect from their lawmakers, it is rules of law that will enable individuals to tell whether they are married and, if so, to whom.

U.S. Supreme Court Justice Robert H. Jackson (1948)

  
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International Law

› Global International Conventions on Marriage Recognition

Constitutional Law

Individual/Human Rights
U.S. Const., Due Process Clause
U.S. Const., Interstate Privileges and Immunities Clause
U.S. Const., Equal Protection Clause

Power-Allocation
U.S. Const., Full Faith and Credit Clause
U.S. Const., Commerce Clause

› Restrictions on Recognition of Same-Sex Unions

Statutory Law

Power-Allocation
› Full Faith and Credit Statute
› Interstate Authentication of Nonjudicial Records

Restrictions on Recognition of Same-Sex Unions ("Defense of Marriage Acts")
› U.S. Defense of Marriage Act
› Alabama Marriage Protection Act

Pro-Recognition Provisions
› New Hampshire Civil Union Law, Recognition Provision

Common Law

› Restatement (Second) of the Conflict of Laws

 

Last updated: November 19, 2007
© 2007 by Stephen Clark