The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections

By Mark Strasser | Go to book overview

recognize such marriages are also false, as will be explained in the next chapter.


NOTES
1.
Harvey M. Applebaum, "Miscegenation Statutes: A Constitutional and Social Problem," 53 Geo. L.J. 49, 55 ( 1964) (suggesting that the "issue is more complex when parties domiciled and married elsewhere later move to a state which condemns the marriage").
2.
P. H. V., Annotation, Marriage Valid Where Celebrated, 127 A.L.R. 437, 444 ( 1940) ("by the greater weight of authority, a marriage celebrated in a state where it is valid, between parties resident at the time in that state, will be recognized at the forum as valid, although such a marriage, if celebrated in the latter state, would be invalid, regardless of the residence of the parties").
3.
For example, in Ex parte Kinney, 14 F. Cas. 602, 606 (Case No. 7,825) (E.D. Va. 1879), the court argued that the Supreme Court had decided that states need not recognize marriages validly celebrated in other domiciliary states, citing Paul v. Virginia, 75 U.S. (8 Wall.) 168 ( 1868), a case in which the Court had discussed the power of a legislature to regulate insurance companies carrying on business within the state. The court ignored the important differences between natural and artificial persons (e.g., that only the former are protected by the Privileges and Immunities Clause of the Fourteenth Amendment -- see Paul, 75 U.S. at 178-182; Hague v. Committee for Industrial Organization, 307 U.S. 496, 514 [ 1939]) and ignored the choice of law considerations. See Kinney, 14 F. Cas. at 606. Paul was later overruled on other grounds in United States v. South-Eastern Underwriters Ass'n, 322 U.S. 533 ( 1944), in which the Court held that the business of insurance was within the regulatory power of Congress under the Commerce Clause. See id. at 553.

In Calma v. Calma, the lower court held that because miscegenous marriages were not recognized in Virginia, an interracial marriage valid in New Jersey between individuals not domiciled in Virginia was nonetheless void in the state, choice of law issues notwithstanding. 28 S.E.2d 440, 442 (Va. 1962) (describing lower court opinion). That opinion was not appealed. See id. In the subsequent case between the same parties, the Supreme Court of Virginia ruled that the "plaintiff's marriage was adjudicated in the first suit and cannot be relitigated." See id. at 444. It was unclear whether this meant that the Virginia Supreme Court believed that the state could ignore valid marriages contracted in other states by their own domiciliaries if those marriages violated Virginia public policy. See Walter Wadlington, "The Loving Case: Virginia's Anti-Miscegenation Statute in Historical Perspective," 52 Va. L. Rev. 1189, 1206-7 ( 1966) ("Although some might urge that the second Calma case indicates that the Supreme Court of Appeals would be reluctant to recognize a foreign miscegenous marriage valid at the domicile and not designed to evade Virginia's marriage law, this is not really inferable from the opinion")2.

4.
See State v. Bell, 66 Tenn. (7 Baxt.) 9 ( 1872).
5.
American Law Institute Restatement of the Law of the Conflict of Laws, 121 ( St. Paul, MN: American Law Institute Publishers, 1934) ( Restatement [First] of the Conflict of Laws).

-143-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • Introduction xi
  • 1 - Marriage Rights 1
  • Notes 19
  • 2 - Equal Protection 31
  • Notes 47
  • 3 - The Referenda 53
  • Notes 66
  • 4 - Retroactive Legislation 71
  • Notes 87
  • 5 - Full Faith and Credit 101
  • Notes 117
  • 6 - Subsequent Domiciles and Full Faith and Credit 125
  • Notes 143
  • 7 - Natural Law and Same-Sex Marriage 159
  • Notes 180
  • 8 - The Defense of Marriage Act 187
  • Notes 213
  • Selected Bibliography 225
  • Index 245
  • About the Author *
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 248

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.