Law Commons^™

Something To (Lex Loci) Celebrationis?, Meg Penrose

Meg Penrose

This essay is the first in a series exploring the implications of the recent landmark Supreme Court case, United States v. Windsor. This discussion was inspired by Meg Penrose’s article, UNBREAKABLE VOWS: SAME-SEX MARRIAGE AND THE FUNDAMENTAL RIGHT TO DIVORCE, published in Volume 58:1. The series is meant to serve as an open forum for scholars and practitioners to weigh in on one of the most significant Supreme Court decisions of the 21st century.

Something To Lex Loci Celebrationis: Federal Marriage Benefits Following United States V. Windsor, Mary Margaret Meg Penrose

Meg Penrose

Something To Lex Loci Celebrationis: Federal Marriage Benefits Following United States V. Windsor, Meg Penrose

Meg Penrose

This article provides one of the first substantive treatments of United States v. Windsor, the Supreme Court's recent same-sex marriage case. The article's thesis proposes lex loci celebrationis (the place of marriage) as the proper method for determining marriage for federal law purposes. Failure to adopt lex loci celebrationis may violate the Fifth Amendment equal protection guarantee or the constitutional right to travel. Further, adoption of the lex loci celebrationis standard furthers marital stability and predictability.