Same-Sex Unions in the Conflict of Laws: Family Law

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Same-Sex Unions in the Conflict of Laws

Focuses on the interjurisdictional recognition of same-sex marriages, civil unions, and domestic partnerships.
By Stephen Clark

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Last Entry: January 10, 2009 at 07:30:53

NH anti-recognition bill reintroduced

Posted on January 10, 2009
Two New Hampshire lawmakers have reintroduced a bill to end their state’s recognition of out-of-state same-sex marriages as civil unions.

France not recognizing UK civil partnerships

Posted on January 09, 2009
France is still refusing to recognize civil partnerships formalized in the United Kingdom, according to an article posted on Mondaq.com.

DOMA author calls for repeal of law

Posted on January 05, 2009
Bob Barr, the who drafted the U.S. Defense of Marriage Act (DOMA) as a member of Congress, has called for the repeal of the law in an op-ed piece appearing today in the Los Angeles Times.

La. to apeal adoption ruling

Posted on December 31, 2008
Louisiana will appeal a federal court ruling that ordered it to list two men on their adoptive son’s birth certificate, according to the Associated Press.

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N.Y. affirms local recognition order

Posted on December 30, 2008
On narrow grounds, a New York appellate court has affirmed a county executive’s order to recognize out-of-state same-sex marriages as marrages.

Cyprus gives only limited recognition

Posted on December 19, 2008
The Ombudswoman of Cyprus has criticized that country’s immigration agency for giving the foreign same-sex spouses of Cypriots only limited recognition, the Cyprus Mail reported.

N.M. bll includes recognition provision

Posted on December 16, 2008
A domestic partnership bill that has been introduced in the New Mexico Senate incudes a provision that would recognize out-of-state same-sex unions.

N.M. bill includes recognition provision

Posted on December 16, 2008
A domestic partnership bill that has been introduced in the New Mexico Senate incudes a provision that would recognize out-of-state same-sex unions.

Conn. to offer new marriage destination

Posted on October 11, 2008
With the Connecticut Supreme Court poised to order its state to allow same-sex couples to marry, couples everywhere will soon have a new place to celebrate a same-sex marriage.

Nonresidents Marrying in Cal.

Posted on October 09, 2008
A significant number of nonresident same-sex couples have celebrated marriages in California since same-sex marriage became legal there earlier this year, according to a demographer at a gay-oriented think tank.

Lots of nonresidents marrying in Cal.

McCain & Obama on Recognition

Posted on September 28, 2008
As Election Day draws near, the Associated Press has summarized the positions of U.S. presidential candidates John McCain and Barack Obama on the Defense of Marriage Act, or DOMA, which purports to authorize U.S. states to disregard same-sex marriages celebrated in other states.

McCain, Obama split on DOMA

Out Utah legislator urges no recognition suits

Posted on June 18, 2008
Although expressing his desire to marry in California, an out Utah legislator has urged same-sex couples not to sue for recognition of their California marriages in Utah.

Cal. events renew talk of Pa. amendment

Posted on June 17, 2008
Same-sex marriages in California has renewed talk of amending the Pennsylvania Constitution to ban recognition of same-sex marriages.

Cal. recognition roundup

Posted on June 17, 2008
A variety of news reports surrounding the first same-sex marriages in California have touched on the issue of interstate recognition.

NY ambivalence about recognition

Posted on June 13, 2008
New York voters are ambivalent about Gov. David A. Paterson’s recent directive that state agencies recognize out-of-state same-sex marriages, a new poll finds.

Groups warn against recognition lawsuits

Posted on June 11, 2008
Major gay-rights organizations have issued a memorandum advising non-resident same-sex couples who marry in California to avoid seeking recognition elsewhere through litigation.

Cal. couples face resistance elsewhere

Posted on June 11, 2008
California same-sex couples who marry will face resistance to recognition of their marriages when they travel out-of-state, the San Jose Mercury News has advised.

Divorce and other complications

Posted on June 10, 2008
Non-resident same-sex couples who get married in California may not be able to divorce and may face other legal difficulties, the Wall Street Journal reports.

12,000 N.Y. couples to wed in Cal.?

Posted on June 09, 2008
A gay think-tank estimates that 12,000 New York same-sex couples will get married in California in the next three years.

Va. voids, not dissolves, Vt. civil union

Posted on June 09, 2008
A Virginia trial court has voided, not dissolved, the civil union that two Virginia women formalized in Vermont in 2002.

Va. S. Ct. Avoids Vt. Custody Dispute

Posted on June 06, 2008
The Virginia Supreme Court has avoided further adjudication of an interstate custody dispute involving former parties to a Vermont civil union.

Cal. hoping for wedding tourism

Posted on June 05, 2008
When same-sex marriage becomes available in California, the state may reap an economic windfall from wedding tourism, reports the Williams Institute on Sexual Orientation Law and Public Policy at the UCLA School of Law.

Cal. official advises to register and marry

Posted on June 05, 2008
California’s Secretary of State has advised same-sex couples who marry that they also should register as domestic partners in order to facilitate interstate recognition.

Cal. S. Ct. refuses to delay order

Posted on June 05, 2008
The California Supreme Court has rejected petitions from opponents of same-sex marriage and state attorneys general to stay its order requiring California to authorize same-sex marriages.

Koppelman renews critique

Posted on June 05, 2008
In a commentary in the Chicago Tribune, Professor Andrew Koppelman says authorization of same-sex marriage will complicate the interstate recognition issue and renews his criticism of policies of blanket non-recognition in other states.

Antigay group sues N.Y. Gov. over recognition

Posted on June 04, 2008
An antigay group has followed through on its vow to sue New York Governor David Paterson in an attempt to overturn his directive ordering state agencies to recognize out-of-state same-sex marriages.

Cal. to vote on marriage in November

Posted on June 03, 2008
The California Secretary of State has verified for the November election a ballot initiative that would amend the state constitution to overturn the recent California Supreme Court decision requiring the state to authorize same-sex marriages.

Mo. AG joins request for Cal. delay

Posted on June 03, 2008
Missouri Attorney General Jay Nixon has filed his own brief asking the California Supreme Court to stay its order requiring the state to authorize same-sex marriages.

W. Va. group urges special session on marriage

Posted on June 03, 2008
An antigay West Virginia group is urging the governor to convene a special session of the legislature to consider a marriage amendment.

N.H. AG recants Cal. delay request

Posted on June 01, 2008
The Attorney General of New Hampshire has withdrawn her support for a letter brief asking the California Supreme Court to delay implementation of its decision requiring that state to authorize same-sex marriages.

Tex. couples to marry in Cal.

Posted on June 01, 2008
Texas same-sex couples are preparing to celebrate evasive marriages in California, the Dallas Morning News reports.

Antigay group to sue N.Y. over recognition

Posted on May 31, 2008
An Arizona-based antigay legal organization will sue to overturn the New York Governor’s directive that state agencies recognize out-of-state same-sex marriages.

AGs seek Cal. delay over recognition

Posted on May 30, 2008
Citing the potential for litigation over interstate recognition, attorneys general from ten states have asked the California Supreme Court to delay its order authorizing same-sex marriages in that state.

NY to Give Executive Recognition

Posted on May 29, 2008
The Governor of New York has directed all state agencies to revise their policies and regulations in order to recognize same-sex marriages celebrated outside the state, the New York Times has reported.

Cal. Marriages to Exacerbate Interstate Conflict

Posted on May 15, 2008
The California Supreme Court’s decision ordering the state to authorize same-sex marriages will exacerbate interstate conflicts in the United States.

N.Y. County to Appeal Recognition Decision

Posted on February 25, 2008
Monroe County, N.Y., announced that it will appeal the decision in Martinez v. Monroe Community College to state high court.

N.Y. Allows Divorce Action

Posted on February 25, 2008
A trial court in New York has refused to dismiss a petition seeking a divorce from a same-sex marriage that was formalized by New Yorkers in Canada. The case is Beth R. v. Donna M.

Martinez Attorney Questions Appeal

Posted on February 22, 2008
An attorney representing the New York couple who successfully sued for recognition of their Canadian same-sex marriage questions the value of an appeal by the losing defendant.

Binational Union in Australia

Posted on February 20, 2008
An Australian woman is planning to have a civil partnership ceremony in Sydney with her female partner despite Australia’s refusal to provide for such unions. The option is available because the partner is British.

Irish Couples Travel Abroad for Futile Unions

Posted on February 19, 2008
Same-sex Irish couples are traveling to the UK, Canada, and elsewhere to formalize marriages or partnerships, but those arrangements are receiving no legal recognition back home in Ireland, a story in the Irish Times reports.

Employment Implications of N.Y. Recognition

Posted on February 18, 2008
New York court decisions recognition Canadian same-sex marriages may affect the employment practices of some employers.

W. Va. Marriage Amendment Introduced

Posted on February 18, 2008
A resolution has been introduced in the West Virginia legislature to propose a marriage and civil union amendment to the state constitution.

Penn. Considers Same-Sex Amendment

Posted on February 15, 2008
Legislators in Pennsylvania have introduced a measure that would amend the state constitution to prohibit the recognition of same-sex marriages and civil unions.

Ill. Civil Union Bill Includes Recognition

Posted on February 15, 2008
An Illinois bill to establish same-sex civil unions includes language that would provide for interjurisdictional recognition of marriages, civil unions, and other relationships as civil unions in Illinois.

Cal. Groups Seek Marriage Amendments

Posted on February 15, 2008
Two groups opposed to same-sex marriage are collecting signatures in an attempt to place on the November 2008 ballot two measures to amend the state constitution in order to prohibit same-sex marriage.

R.I. Bill Would Allow Divorce

Posted on February 14, 2008
A bill that would authorize same-sex couples to divorce in Rhode Island is set to be introduced in the state legislature.

Uruguay Establishes Same-Sex Unions

Posted on February 11, 2008
Uruguay has extended a form of nonmarital civil partnership, a “uni�n concubinaria,” to same-sex couples.

Newspaper Attacks NY Court Decision

Posted on February 10, 2008
The New York Post has attacked the New York intermediate appellate court’s decision in Martinez v. Monroe Community College.

FL Amendment Goes to Voters

Posted on February 02, 2008
A ballot initiative to add an antigay marriage and civil union amendment to the Florida Constitution has now received enough signatures to go before voters for ratification this November.

NY Court Recognizes Canadian Marriage

Posted on February 01, 2008
An intermediate appellate court in New York has ruled that a same-sex Canadian marriage involving New Yorkers is entitled to recognition as a marriage under New York law. Although the court’s opinion represents progress in understanding the legal issues involved, it still falls short of a thorough analysis.

Newspaper Repeats Recognition Myth

Posted on January 31, 2008
An editorial in the Balitmore Sun has repeated the myth the civil unions are inferior to same-sex marriages because the only the former are denied interstate or federal recognition.

NH Anti-Recognition Bill Withdrawn

Posted on January 31, 2008
The sponsor of a bill to ban interjurisdictional recognition of same-sex marriages and civil unions in New Hampshire has withdrawn the bill.

Indiana Amendment Passes One House

Posted on January 31, 2008
A state constitutional amendment to ban same-sex marriages and restrict civil unions has passed the state Senate but is stalled in the House of Representatives.

Recognition Proposals in Maryland

Posted on January 31, 2008
Maryland legislators have proposed competing bills to authorize same-sex marriages and amend the state constitution to ban same-sex marriages or civil unions, both proposals having incidental effects on interjurisdictional recognition.

Huckabee's Distortion on Amendment

Posted on January 25, 2008
U.S. Republican presidential candidate Mike Huckabee has resorted to the standard distortion of citing conflicts disputes as a justification for the federal marriage amendment.

NY Recognition Appeal Advances

Posted on January 24, 2008
A New York intermediate appellate court has heard arguments in a challenge to the state’s refusal to recognize a Canadian same-sex marriage for pension-benefit purposes.

NM House Approves DP Bill

Posted on January 24, 2008
The New Mexico House has approved a domestic partnership bill that provides for interjurisdictional recognition of same-sex unions.

PR Marriage Amendment Proceeds

Posted on January 24, 2008
The Puerto Rico Senate has approved a measure to add an antigay marriage amendment to the U.S. commonwealth’s constitution.

Clinton and Obama on DOMA

Posted on January 24, 2008
A San Francisco-area columnist exaggerates the difference between the positions of U.S. Democratic Presidential candidates Hillary Rodham Clinton and Barack Obama on repeal of the federal Defense of Marriage Act (DOMA).

WA DP Bill Would Provide Limited Recognition

Posted on January 22, 2008
A new bill that would significantly expand the rights, benefits, and obligations of domestic partners under Washington law would provide for recognition of out-of-state domestic parternships or civil unions but not out-of-state same-sex marriages.