MASSACHUSETTS SSM: CONFLICTS W/OTHER STATES?: Eugene Volokh replies to David Frum
Reader Michael Greenspan passes along
this item that David Frum at National Review Online wrote a few months ago. I'm not a conflicts of law scholar (that's the field that deals with these issues); I'm also not Andrew Sullivan, to whom the questions are addressed (and who dealt with them briefly
here). But I know a bit about the subject, and thought I'd put my two cents in, and give the answer as a matter of current law.
Basic summary: These are interesting issues, but not that different from other issues that the legal system has had to deal with before, and not tremendously hard to resolve. The existence of the issues doesn't show that somehow Massachusetts law would interfere with the public policy of other states, nor does it show that somehow the resulting system would be unworkable. To the extent that it disserves anyone, it would disserve the Massachusetts same-sex couples -- but it wouldn't make them any worse off than they are now, without any marriage rights at all.
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posted by Eve at
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