Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Hardcover)

by Professor Andrew Koppelman (Author)
Key Phrases: blanket nonrecognition rule, migratory marriages, own domiciliaries, United States, New Jersey, New York (more...)

Editorial Reviews

Review
"A timely addition to the literature."-Lea Brilmayer, Howard Holtzmann Professor of International Law, Yale Law School (Lea Brilmayer )

"If same-sex marriages are lawfully performed in one state, must other states recognize those marriages? Koppelman has produced the best discussion, by far, of this important question. In the process, he clarifies a wide range of issues swirling about the same-sex marriage debate. This book is a genuine public service."-Cass Sunstein, Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, University of Chicago (Cass Sunstein )

Product Description

Must a state in which gay marriage is not legal recognize such a marriage performed in another state? The Constitution does not require recognition in all cases, but it does forbid states from nullifying family relationships based in other states, or from making themselves havens for people who are trying to escape obligations to their spouses and children. In this book, Andrew Koppelman offers workable legal solutions to the problems that arise when gay couples cross state borders. Drawing on historical precedents in which states held radically different moral views about marriage (for example, between kin, very young individuals, and interracial couples), Koppelman shows which state laws should govern in specific situations as gay couples travel or move from place to place.
Americans are profoundly divided over same-sex marriage, and now that gay civil unions and marriages are legal in some states, the issue has become increasingly urgent. Koppelman offers a sensible approach that will appeal to the best instincts of both sides.

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Product Details

• Hardcover: 224 pages
• Publisher: Yale University Press (November 30, 2006)
• Language: English
• ISBN-10: 0300113404
• ISBN-13: 978-0300113402
• Product Dimensions: 8.2 x 5.4 x 0.6 inches
• Shipping Weight: 12.8 ounces (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars See all reviews (1 customer review)
• Amazon.com Sales Rank: #564,187 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

1 of 1 people found the following review helpful:

4.0 out of 5 stars Strategic analysis of Same-Sex marriage issues, April 18, 2009

By	Dr. Sharon G. Whitney (San Luis Obispo, CA, United States) - See all my reviews (REAL NAME)

This book comes at the issue of same-sex marriage from a grounding in constitutional history for race and gender as well as judicial federalism. It recognizes that a state-by-state approach is not ideal but practical, and argues that even the most conservative judges in the most conservative states can be expected to rule favorably on some of the property and custody claims that may arise with same-sex unions and separations, based on the history of race law in America. I highly recommend this sophisticated strategic analysis to success for advocates of same-sex marriage rights.