By Andrew Koppelman
Needs to a country within which homosexual marriage isn't really criminal realize this sort of marriage played in one other kingdom? The structure doesn't require reputation in all instances, however it does forbid states from nullifying kinfolk relationships established in different states, or from making themselves havens for those that are attempting to flee responsibilities to their spouses and kids. during this booklet, Andrew Koppelman deals plausible criminal ideas to the issues that come up while homosexual pass kingdom borders. Drawing on old precedents during which states held extensively diversified ethical perspectives approximately marriage (for example, between relatives, very younger contributors, and interracial couples), Koppelman indicates which country legislation may still govern in particular occasions as homosexual go back and forth or circulation from position to place.Americans are profoundly divided over same-sex marriage, and now that homosexual civil unions and marriages are felony in a few states, the difficulty has develop into more and more pressing. Koppelman bargains a wise technique that would attract the simplest instincts of each side.
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Additional info for Same Sex, Different States: When Same-Sex Marriages Cross State Lines
4 Beale’s approach has few adherents today (although many states continue to follow the rules he codified). The objection most often raised is that it applies the law of a state that will not experience the consequences of the application of its law. In Marriage, Choice of Law, and Public Policy the example just given, if New Jersey has no other connection with the contract, it makes no sense to apply New Jersey law. Beale’s territorial approach also poses fiendish diﬃculties of practical workability.
Zelichowski is an example of a type of legal problem—called conflict of laws or choice of law—that is familiar to lawyers. This problem arises whenever a dispute involves the laws of more than one jurisdiction, so that the court has to decide which set of laws should be applied. Two people in diﬀerent states fax to each other their signatures on a contract: which state’s contract law governs? Two people from state A get into a car accident in state B. Which state’s tort law applies? The rules that govern situations like these are complicated enough that an entire law school course is devoted to covering them.
Contracts get signed at a single place, but many other occurrences are harder to pinpoint. Suppose a wrongful death case arises in which a person is killed while flying from state A to state B, but the negligent conduct that caused the accident occurred in state C and the plane actually crashed in state D. Or a man slowly eats a box of poisoned candy, piece by piece, while riding a train, becoming sicker and sicker as numerous state lines are crossed, and dying in a state in which he neither received nor ate the poison.
Same Sex, Different States: When Same-Sex Marriages Cross State Lines by Andrew Koppelman