Conflict of Laws Rules and the Interstate Recognition of Same-Sex Marriages
Anthony Dominic D'Amato   |   1995 U. Ill. L. Rev.

To date, no state has recognized the validity of same-sex marriages. However, the Hawaii courts currently are confronted with this very issue in Baehr v. Lewin. If the plaintiffs in Baehr prevail, other states will be faced with the issue of whether they must recognize validly contracted Hawaiin same-sex marriages. In this note, the author reviews the Baehr case and sets forth the relevant conflict of laws rules. In addition, this note analyzes the arguments on both sides of this delicate issue. Finally, the note concludes that, under certain circumstances, states should recognize validly contracted, out-of-state, same-sex marriages.