Is the Massachusetts Law on Marriage of Non-Residents a Barrier to the Spread of Same-Sex Marriage?

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This article explores a Massachusetts law on marriage which may slow down the movement towards recognizing same-sex marriages in the United States. The Massachusetts marriage evasion law, which prohibits couples who would not be allowed to marry in the state of their domicile from being married in Massachusetts, does not violate the Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution. Moreover, whether or not the courts hold the Massachusetts law constitutional will be a good indicator of how other attempts to compel interstate recognition of same-sex marriages will fare.


Originally published by the Ave Maria Law Review in 2005.