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Interest Analysis In Interjurisdictional Marriage Disputes, Tobias Barrington Wolff

University of Pennsylvania Law Review

Gay and lesbian couples are now entering into legally authorized marriages for the first time in our Nation's history. As has happened many times before when significant policy differences have emerged among the civil marriage laws of different states, these married couples will inevitably move about the country, and state courts will have to decide whether and for what purpose to give effect to their marriages when forum law would have prohibited them from marrying locally. The debate over this recognition problem is already fully joined. Thus far, however, that debate has most frequently been characterized by positions that are …