Interjurisdictional Transportability of Same-Sex Marriages in the United States: Doma 'Full Faith and Credit' and the Importance of Marriage

III Interdisciplinary Studies of Comparative Law pg. 159-196

38 Pages Posted: 14 May 2013

See all articles by Lynn D. Wardle

Lynn D. Wardle

Brigham Young University - J. Reuben Clark Law School

Date Written: May 13, 2012

Abstract

The existence of multiple sovereigns throughout the nation and throughout the world, each retaining different legal policies that govern marriage formation, marriage validity, and marriage recognition creates the potential for serious conflict and confusion for those who move between jurisdictions. Disputes concerning the recognition of same-sex marriage in a second jurisdiction validly created in another jurisdiction is the latest and currently most contentious example of this dilemma. Both marriage policies and conflicts of laws (private international laws) are directly implicated. And in nations with federal systems of government serious internal legal reconciliation dimensions also may arise.

Keywords: sovereign, jurisdiction, marriage, validity, formation, recognition, same-sex marriage, international, conflict

Suggested Citation

Wardle, Lynn D., Interjurisdictional Transportability of Same-Sex Marriages in the United States: Doma 'Full Faith and Credit' and the Importance of Marriage (May 13, 2012). III Interdisciplinary Studies of Comparative Law pg. 159-196, Available at SSRN: https://ssrn.com/abstract=2264583

Lynn D. Wardle (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

518 JRCB
Provo, UT 84602
United States
801-422-2617 (Phone)
801-422-0391 (Fax)

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