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Law Review: Same-Sex Divorce Jurisdiction and Why Divorce is an Incident of Marriage

By Alliance Alert

Same-Sex Divorce Jurisdiction: A Critical Analysis of Chambers v. Ormiston and Why Divorce is an Incident of Marriage That Should Be Uniformly Recognized Throughout the States Danielle Johnson, 50 Santa Clara L. Rev. 225 (2009) "First, Part II of this comment will discuss the current state of the law regarding same-sex marriage, the evolution of those laws, and general principles and approaches to marriage recognition. Part III of this comment will introduce the problems posed by the current lack of uniformity, and Part IV will analyze how these problems should be resolved by discussing pertinent cases and use of an ?incidental approach? to marriage recognition. Ultimately, this comment proposes that courts should use an incidental approach to marriage recognition when considering a divorce petition in order to avoid unreasonably burdensome, illogical results."

Full post as published by Constitutionally Correct on December 30, 2009 (boomark / email).