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Unpublished Paper
Something to Lex Loci Celebrationis: Federal Marriage Benefits Following United States v. Windsor
ExpressO (2013)
  • Meg Penrose, Texas Wesleyan University
Abstract

This article provides one of the first substantive treatments of United States v. Windsor, the Supreme Court's recent same-sex marriage case. The article's thesis proposes lex loci celebrationis (the place of marriage) as the proper method for determining marriage for federal law purposes. Failure to adopt lex loci celebrationis may violate the Fifth Amendment equal protection guarantee or the constitutional right to travel. Further, adoption of the lex loci celebrationis standard furthers marital stability and predictability.

Keywords
  • Same-sex Marriage,
  • Marriage Recognition,
  • Federalism,
  • Constitutional Law
Publication Date
August 8, 2013
Citation Information
Meg Penrose. "Something to Lex Loci Celebrationis: Federal Marriage Benefits Following United States v. Windsor" ExpressO (2013)
Available at: http://works.bepress.com/meg_penrose/5/