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Tribal Marriages, Same-Sex Unions, And An Interstate Recognition Conundrum, Mark Strasser
Tribal Marriages, Same-Sex Unions, And An Interstate Recognition Conundrum, Mark Strasser
Mark Strasser
When justifying the recognition of Native American polygamous unions, courts tended to appeal the rationale that unions valid where celebrated would be valid everywhere. Yet, courts would not recognize polygamous unions that were celebrated on non-tribal lands, even if those marriages had been valid where celebrated. The focus of this essay is on why Native American polygamous unions tended to be recognized, and the implications that these recognition practices might have for the validity of same-sex marriages across state lines.
Life After Doma, Mark Strasser
Life After Doma, Mark Strasser
Mark Strasser
During the 2008 presidential campaign, President Obama expressed his support for the repeal of one or both provisions of the Federal Defense of Marriage Act (DOMA) and, further, each of these provisions seems constitutionally vulnerable. Given the distinct possibility that DOMA’s days are numbered, the legal ramifications of its repeal or invalidation should be explored. This essay addresses what DOMA does, and what would happen were it no longer to exist. While the fears that allegedly prompted its passage in the first place would not be realized, the repeal or invalidation of one provision of DOMA will nonetheless have important …
Interstate Marriage Recognition And The Right To Travel, Mark Strasser
Interstate Marriage Recognition And The Right To Travel, Mark Strasser
Mark Strasser
Historically, states were forced decide whether to recognize a marriage, valid where celebrated, that could not have been celebrated locally. As a general rule, non-incestuous, non-polygamous marriages that were valid in the domicile at the time of celebration were treated as valid everywhere, although courts split with respect to how to apply the rule to interracial marriages. Yet, these marriage recognition practices occurred in a context where it was believed that the United States Constitution imposed no limitations on the ability of states to refuse to recognize a marriage validly celebrated elsewhere. This article examines interstate marriage recognition practices, and …