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Same-Sex Marriage and Choice of Law: If We Marry in Hawaii, Are We Still Married When We Get Home?
Get PDFThis Article explores the choice-of-law question of whether a same-sex couple, married in Hawaii after successful completion of the Baehr v. Lewin case, will have their marriage recognized by the state of their domicile upon their return from Hawaii. This Article first applauds the Baehr court\u27s decision that prohibiting same-sex marriage is unconstitutional sex discrimination but then critiques its decision that the fundamental right to marry does not extend to same-sex couples.
The second Part considers the choice-of-law questions that will arise in cases litigating the validity of a couple\u27s same-sex marriage upon their return to their domicile. It considers statutory directives, such as marriage validation and evasion statutes, and surveys the major choice-of-law theories in use today. Given the judicial discretion whether to recognize these marriages, the third Part argues that judges should recognize same-sex marriages using the better rule of law methodology. Recognizing these marriages is better because it would end age-old discrimination based on prejudice and misunderstanding, and would eliminate overzealous state interference with and condemnation of a most personal and intimate relationship. This Article analogizes from choice-of-law cases which arose during the reign of anti-miscegenation statutes to argue that the post-Baehr cases will expose the inherent discrimination that underlies the prohibition of same-sex marriage and argues for using choice-of-law principles to end that discrimination
International Protection of Intellectual Property Rights in the 1990s: Will Trade Barriers and Pirating Practices in the Audiovisual Industry Continue?
Get PDFGender Bias in Drafting International Discrimination Conventions: The 1979 Women\u27s Convention Compared with the 1965 Racial Convention
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Implications of a Bond Requirement for 900-Number Dial-a-Porn Providers: Exploring the Need for Tighter Restrictions on Obscenity and Indecency
Get PDFDiamonds are Forever? Implications of United States Antitrust Statutes on International Trade and the De Beers Diamond Cartel
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