Monday, October 26, 2009

E-Marriage -- using jurisdictional creativity to achieve marriage equality across state lines

Adam Candeub and Mae Kuykendall have launched a novel project at Michigan State University, College of Law.  E-marriage would allow couples to combine the law of one jurisdiction with the physical location of another.  In other words, a same sex couple in California could marry in the location of their choice by using a remote "e" officiant from a state that allows same sex marriage, such as Massachusetts.

Procedure and fed courts professors will recognize many familiar issues including choice of law, internet jurisdiction issues, full faith and credit issues, and the increasingly blurry boundaries of physical territoriality.

The E-Marriage Project has a home on the MSU website.  The proposal is available as a paper on SSRN, and is further described in an MSU press release.


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