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Law and Society

2011

Interstate recognition

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Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin Jan 2011

Resolving Interstate Conflicts Over Same-Sex Non-Marriage, Hillel Y. Levin

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States have adopted several different regimes of recognition for same-sex couples. A few states allow same-sex couples to marry; several others offer marriage-like partnerships (usually called civil unions), which provide all or nearly all of the substantive rights and responsibilities associated with marriage; still others offer marriage-lite partnerships (sometimes called reciprocal benefits arrangements), which provide a small subset of the rights and responsibilities associated with marriage; and, of course, others offer no recognition at all.

What happens when these regimes of recognition collide? For example, what happens when a couple marries in Massachusetts and then moves to a marriage-like state, …