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Women

2007

ExpressO

Sexuality and the Law

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Civil Unions And Choice Of Law: A Second Restatement Analysis Of Miller-Jenkins V Miller-Jenkins, Christina N. Lambe Jan 2007

Civil Unions And Choice Of Law: A Second Restatement Analysis Of Miller-Jenkins V Miller-Jenkins, Christina N. Lambe

ExpressO

At the end of 2000 Lisa and Janet Miller-Jenkins left their home state of Virginia and traveled to Vermont to enter into a civil union. Their union ended a few years later. Although their separation resulted in a bitter legal battle in both the Virginia and Vermont court systems neither state addressed whether the initial union was valid. This paper analyzes the civil union using the Second Restatement’s choice of law principles. This paper concludes that although the courts have continued to haggle over whether full faith and credit must be given to conflicting visitation orders the choice of law …