The Topography of Legal Recognition of Same-Sex Relationships

Authors

Edward D. Stein, Benjamin N. Cardozo School of LawFollow

Publication Date

4-2012

Journal

Family Court Review

Abstract

This article categorizes and explains the variety of forms of relationship recognition that have emerged in the United States over the last dozen or so years. Five issues regarding same-sex marital andnonmarital relationship statuses are examined: (1) eligibility, (2) benefits, (3) dissolution, (4) recognition from other jurisdictions, and (5) the intersection of state and federal law. The article then offers various proposals about what states should do in the face of the options that have emerged: (a) states that recognize same-sex marriages and nonmarital relationships should adapt their statutes to recognize "substantially similar" relationships; (b) jurisdictions should adopt statutes that require those who solemnize their relationship in a state to consent to that same state's jurisdiction for purposes of dissolution; and (c) states should adopt provisions that disentangle, to the extent possible, state laws relating to marriage and marriage-like relationships from federal laws relating to marriage. The article also stresses the importance of balancing the benefits of providing people with many options against the value of inter-jurisdictional recognition.

Volume

50

Issue

2

First Page

181

Last Page

204

Publisher

Wiley-Blackwell

DOI

https://doi.org/10.1111/j.1744-1617.2012.01444.x

Keywords

Conflict of Laws, Domestic Relations, Sex, Sexuality and the Law, Civil Unions, Same-Sex Marriage, Marriage and Couples, Unions, Fourteenth Amendment

Disciplines

Fourteenth Amendment | Law | Law and Society | Sexuality and the Law

Comments

Special Issue: Emerging Family Law Scholars and Teachers

Recommended Citation

Edward D. Stein, The Topography of Legal Recognition of Same-Sex Relationships, 50 Fam. Ct. Rev. 181 (2012).
https://doi.org/10.1111/j.1744-1617.2012.01444.x